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 5 Replies

Somya Gadpayle (Law Student )     30 July 2021

Yes, offence under Section 448 in The Indian Penal Code is bailable.

Section 448 of the Indian Penal Code states “Punishment for house-trespass- Whoever commits house-trespass shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both”.

Key-words:

  1. House- Trespass: “the act of deliberately entering another person’s property without permission”
  2. Bailable offence: Under section 2(a) of The Code of Criminal Procedure, the term ‘bailable offence’ is defined as “the offence which has been specified in the First schedule of the code, or which is made bailable by any other law for the time being in force; and ‘non-bailable offence’ means any other offence.

Some of the points that differentiate between both the types of offence are:

  1. The intensity of Crime- Bailable offense is contemplated as less serious in nature.
  2. Prolongation of Punishment- Punishment is for less than 3 years.
  3. Power to accord bail- Section 436 in The Code of Criminal Procedure stating “In what cases bail to be taken.”

Thus, distinctly, offence under Section 448 in The Indian Penal Code is a bailable offence.

 

Kiran Singh   30 July 2021

Yes, section 448 of the IPC is a bailable offence. This section provides for punishment for 'House Trespass.'

Section 442 IPC defines 'House Trespass' as "committing criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling, place of worship or as a place for the custody of the property." 

The punishment as detailed in section 448 is imprisonment of up to a term of one year or a fine of up to Rs 1000/- or both. Section 2(a) defines the term 'bailable offence.' Bailable Offences are those offences or crimes that are not very serious in nature.  

 

Dr J C Vashista (Advocate)     31 July 2021

Well explained and advised.

Did you check before posting the question paper ?

1 Like

Kevin Moses Paul   31 July 2021

As pery your query, let me tell you that section 488 of the Indian Penal Code (IPC), 1860 deals with Punishment for trespass, and it is a BAILABLE offence.

Regards
Kevin M. Paul

P. Venu (Advocate)     01 August 2021

What are the facts? What is the context?


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