Indian Penal Code,1860
Act No : 45
Section :
House-breaking.
445. House-breaking.--A person is said to commit "house-breaking"who commits house-trespass if he effects his entrance into the houseor any part of it in any of the six ways hereinafter described; or if,being in the house or any part of it for the purpose of committing anoffence, or having committed an offence therein, he quits the house orany part of it in any of it in such six ways, that is to say :- First.-If he enters or quits through a passage made by himself,or by any abettor of the house-trespass, in order to the committing ofthe house-trespass.----------------------------------------------------------------------1. Subs. by act. 26 of 1955, s. 117 and Sch., for "transportation for life".----------------------------------------------------------------------201 Secondly.-If he enters or quits through any passage not intendedby any person, other than himself or an abettor of the offence, forhuman entrance; or through any passage to which he has obtained accessby scaling or climbing over any wall or building. Thirdly.-If he enters or quits through any passage which he orany abettor of the house-trespass has opened, in order to thecommitting of the house-trespass by any means by which that passagewas not intended by the occupier of the house to be opened. Fourthly.-If he enters or quits by opening any lock in order tothe committing of the house-trespass, or in order to the quitting ofthe house after a house-trespass. Fifthly.-If he effects his entrance or departure by usingcriminal force or committing an assault, or by threatening any personwith assault. Sixthly.-If he enters or quits by any passage which he knows tohave been fastened against such entrance or departure, and to havebeen unfastened by himself or by an abettor of the house-trespass. Explanation.-Any out-house or building occupied with a house, andbetween which and such house there is an immediate internalcommunication, is part of the house within the meaning of thissection. Illustrations (a) A commits house-trespass by making a hole through the wall ofZ's house, and putting his hand through the aperture. This is house-breaking. (b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking. (c) A commits house-trespass by entering Z's house through awindow. This is house-breaking. (d) A commits house-trespass by entering Z's house through thedoor, having opened a door which was fastened. This is house-breaking. (e) A commits house-trespass by entering Z's house through thedoor, having lifted a latch by putting a wire through a hole in thedoor. This is house-breaking. (f) A finds the key of Z's house door, which Z had lost, andcommits house trespass by entering Z's house, having opened the doorwith that key. This is house-breaking. (g) Z is standing in his doorway. A forces a passage by knockingZ down, and commits house-trespass by entering the house. This ishouse-breaking. (h) Z, the door-keeper of Y, is standing in Y's doorway. Acommits house-trespass by entering the house, having deterred Z fromopposing him by threatening to beat him. This is house-breaking.
