House-trespass after preparation for hurt, assault or wrongful restraint
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Summary
Entering someone’s home after preparing to cause hurt, to assault, to wrongfully restrain, or to put them in fear of those acts is a serious offence. If the trespasser had made such preparations before entering, they face imprisonment for up to seven years and a fine. The offence is cognizable, non-bailable and triable by any magistrate.
Example
Priya sharpens a stick and plans to assault her neighbour, then slips into his house at night. Because she had prepared to cause hurt before trespassing, she can be punished with up to seven years’ imprisonment and a fine; the offence is cognizable and non-bailable and can be tried by any magistrate.
Bare Act
Enacted textWhoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
BNSS Classification
- Imprisonment for 7 years, or fine.
- Cognizable
- Non-bailable
- Triable by Any Magistrate.
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