Question: Distinguish with an illustration between House-trespass and house-breaking. Find the answer to the mains question only on Legal Bites. [Distinguish with an illustration between House-trespass and house-breaking.] Answer If the offence of house-trespass is further aggravated by the entry or departure of a forcible nature or entry or departure, through any passage not intended for human entrance… Read More »

Question: Distinguish with an illustration between House-trespass and house-breaking. Find the answer to the mains question only on Legal Bites. [Distinguish with an illustration between House-trespass and house-breaking.] Answer If the offence of house-trespass is further aggravated by the entry or departure of a forcible nature or entry or departure, through any passage not intended for human entrance or departure, then the offence becomes house-breaking. House-breaking, as defined...

Question: Distinguish with an illustration between House-trespass and house-breaking.

Find the answer to the mains question only on Legal Bites. [Distinguish with an illustration between House-trespass and house-breaking.]

Answer

If the offence of house-trespass is further aggravated by the entry or departure of a forcible nature or entry or departure, through any passage not intended for human entrance or departure, then the offence becomes house-breaking.

House-breaking, as defined under section 445, implies an invasion of, or a forceful entry into, a house. It enumerates six ways by which house-trespass defined in section 442 takes the form of house-breaking. The ways described in the section of seeking entry into a house are:

  1. through the passage made by the accused himself or his accomplice of the house-trespass;
  2. through any passage not meant for human entrance other than himself or an abettor of the offence;
  3. through any passage opened by himself or by any of the abettors of the house-trespass;
  4. by opening any lock to seek entry into, or exit from, the house;
  5. by using criminal force to seek entry into, or depart from, the house; and
  6. by entering or quitting through any passage fastened against such entrance or exit.

Illustration (f) to section 445- A finds the key to Z’s house door, which Z had lost, and commits house-trespass by entering Z’s house, having opened the door with that key. This is house-breaking.

Illustration (h) to section 445- Z, the doorkeeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.


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Updated On 2022-04-28T06:15:23+05:30
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