House-trespass in order to commit offence
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Summary
Entering someone’s house without permission with the intention to commit an offence is punishable. If the intended crime is punishable with death, the trespasser may get life imprisonment or rigorous imprisonment up to 10 years and a fine. If the intended crime is punishable with life imprisonment, penalty may be up to 10 years and fine. If the intended crime is punishable with imprisonment, penalty may be up to 2 years and fine; for theft the term may be extended to 7 years.
Example
Ravi breaks into his neighbour's house intending to steal. Because the intended offence is theft, under this section Ravi can be punished with imprisonment (which may be extended up to seven years) and a fine.
Bare Act
Enacted textWhoever commits house-trespass in order to the committing of any offence,
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(a) punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine;
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(b) punishable with imprisonment for life, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine;
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(c) punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine;
Provided that if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.
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