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Thakur Amit Singh   19 December 2020

Regarding theft in house by night

Complainant stated that around 2 am night a person enters in my house and stole my apple iphone and ran away.
under which IPC sections FIR be registred ?


 5 Replies

175B083 Mahesh P S   19 December 2020


Yes FIR can be filed under section 378 i,e theft, Section 441 i,e Criminal trespass and also under section 446 for breaking into your house at night as per the Indian Penal Code.


Section 378 of the IPC states that, Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

Whoever commits theft shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both. 379A.

Criminal trespass

Section 441 of IPC defines Criminal trespass in the following words,
Whoever enters into property in the possession of another with the intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into such property, but remains there with intent thereby to intimidate, insult or any such person, or with an intent to commit an offence, is said to commit criminal trespass.

Punishment for criminal trespass, as prescribed in Section 447 of IPC is either imprisonment which may extend to three months, or fine which may extend to INR 500 or both.

House Breaking at night

As per section 446 of the IPC, Whoever commits house-breaking after sunset and before sunrise, is said to commit “house-breaking by night”.

The offence of house-breaking by night has been punished under Section 456, IPC, with imprisonment for a term which may extend to three years and fine. In all the cases of housebreaking by night, there must be house-trespass and in all house-trespass there must be criminal trespass, committed during night. 

Thank you







1 Like

Dr J C Vashista (Advocate)     20 December 2020

Is it a real problem faced by you ?

1 Like

Thakur Amit Singh   20 December 2020

No, my friend has faced the problem

P. Venu (Advocate)     20 December 2020

A citizen need only register his complaint. The Police will take care of the concerned enactment and the relevant Section.

BASKI Manickam   20 December 2020

Singh jee good afternoon. I have read the postings of mahesh. good.

378 is theft only. but thief steal the property into his house. hence here sections 457 along with 380 are applicable.

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