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IPC, 1860
Start Practicing
IPCChapter XVIISection 446
Section446

House-breaking by night

AI Assist

Summary

Breaking into a dwelling after sunset and before sunrise is classified as 'house-breaking by night'. The rule depends only on the time of the act: if it occurs between sunset and sunrise, it is treated as house-breaking by night for legal purposes.

Example

Rohan sneaks into his neighbour's flat at 1:30 am and forces open a door to take a TV. Because it happened after sunset and before sunrise, it is treated as house-breaking by night.

Bare Act

Enacted text

Whoever commits house-breaking after sunset and before sunrise, is said to commit “house-breaking by night”.

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XVII

Chapter XVII

Of Offences Against Property

In this chapter

  • 378Theft
  • 379Punishment for theft
  • 379ASnatching 1
  • 379BPunishment for Snatching 1
  • 380Theft in dwelling house, etc
  • 381Theft by clerk or servant of property in possession of master
  • 382Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft
  • 383Extortion
  • 384Punishment for extortion
  • 385Putting person in fear of injury in order to commit extortion
  • 386Extortion by putting a person in fear of death or grievous hurt
  • 387Putting person in fear of death or of grievous hurt, in order to commit extortion
  • 388Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc
  • 389Putting person in fear or accusation of offence, in order to commit extortion
  • 390Robbery
  • 391Dacoity
  • 392Punishment for robbery
  • 393Attempt to commit robbery
  • 394Voluntarily causing hurt in committing robbery
  • 395Punishment for dacoity
  • 396Dacoity with murder
  • 397Robbery or dacoity, with attempt to cause death or grievous hurt
  • 398Attempt to commit robbery or dacoity when armed with deadly weapon
  • 399Making preparation to commit dacoity
  • 400Punishment for belonging to gang of dacoits
  • 401Punishment for belonging to gang of thieves
  • 402Assembling for purpose of committing dacoity
  • 403Dishonest misappropriation of property
  • 404Dishonest misappropriation of property possessed by deceased person at the time of his death
  • 405Criminal breach of trust
  • 406Punishment for criminal breach of trust
  • 407Criminal breach of trust by carrier, etc
  • 408Criminal breach of trust by clerk or servant
  • 409Criminal breach of trust by public servant, or by banker, merchant or agent
  • 410Stolen property
  • 411Dishonestly receiving stolen property
  • 412Dishonestly receiving property stolen in the commission of a dacoity
  • 413Habitually dealing in stolen property
  • 414Assisting in concealment of stolen property
  • 415Cheating
  • 416Cheating by personation
  • 417Punishment for cheating
  • 418Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect
  • 419Punishment for cheating by personation
  • 420Cheating and dishonestly inducing delivery of property
  • 421Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
  • 422Dishonestly or fraudulently preventing debt being available for creditors
  • 423Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
  • 424Dishonest or fraudulent removal or concealment of property
  • 425Mischief
  • 426Punishment for mischief
  • 427Mischief causing damage to the amount of fifty rupees
  • 428Mischief by killing or maiming animal of the value of ten rupees
  • 429Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees
  • 430Mischief by injury to works of irrigation or by wrongfully diverting water
  • 431Mischief by injury to public road, bridge, river or channel
  • 432Mischief by causing inundation or obstruction to public drainage attended with damage
  • 433Mischief by destroying, moving or rendering less useful a light-house or sea-mark
  • 434Mischief by destroying or moving, etc., a land-mark fixed by public authority
  • 435Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees
  • 436Mischief by fire or explosive substance with intent destroy house, etc
  • 437Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden
  • 438Punishment for the mischief described in section 437 committed by fire or explosive substance
  • 439Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc
  • 440Mischief committed after preparation made for causing death or hurt
  • 441Criminal trespass
  • 442House-trespass
  • 443Lurking house-trespass
  • 444Lurking house-trespass by night
  • 445House-breaking
  • 446House-breaking by night
  • 447Punishment for criminal trespass
  • 448Punishment for house-trespass
  • 449House-trespass in order to commit offence punishable with death
  • 450House-trespass in order to commit offence punishable with imprisonment for life
  • 451House-trespass in order to commit offence punishable with imprisonment
  • 452House-trespass alter preparation for hurt, assault or wrongful restraint
  • 453Punishment for lurking house-trespass or house-breaking
  • 454Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment
  • 455Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint
  • 456Punishment for lurking house-trespass or house-breaking by night
  • 457Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment
  • 458Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint
  • 459Grievous hurt caused whilst committing lurking house-trespass or house-breaking
  • 460All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them
  • 461Dishonestly breaking open receptacle containing property
  • 462Punishment for same offence when committed by person entrusted with custody
Previous · Section 445House-breakingNext · Section 447Punishment for criminal trespass