IPC SECTION 354 & 451
sampat singh
(Querist) 08 June 2009
This query is : Resolved
Procutrix says I was sleeping in my room with open door & my mother was also sleeping in other room with open door. the Accused come with his brother in law (SAALA)at night at 2'o clock. he swith on the light & caught hold my palm(Hand). the Saala was stand out side of my room.then I shouted the Accuesed and his saala run away.
plz tell me IPC sec. 354 & 451 are committed here or not? A lawyser tell me Ipc section 451 is not commited here Because IPC sec 451 are belong to where the accused enterd in the open place.there are no roof on the wall like chowk.is it true? if IPC sec 451 is not effected here when which section effected here? tell me also what defence should taken by accused? I want to send you this case history
A V Vishal
(Expert) 08 June 2009
no 451 is for house trespass and not open space
Swami Sadashiva Brahmendra Sar
(Expert) 09 June 2009
the facts disclose an offence that is serious than s. 451. it is covered by s. 452,punishable by 7 yrs imprisonment.alternatively it may attract s 458 also, punishable by 14 yrs imprisonment.
