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Union of India - Section Section 452 in The Indian Penal Code, 1860 452. House-trespass after preparation for hurt, assault or wrongful restraint.—
Jul 1, 2024 · You can post your legal query regarding Section 452 of the Indian Penal Code anonymously and get answers to your query from the experts in the field. Connect with an expert lawyer for your legal issue. What is Trespass under Indian Penal Code? Trespass is a physical interference by a person in a property belonging to another person. It could be a tort of trespass when there is a direct interference with the peaceful enjoyment of the land in the form of unlawful entry, unlawful placing of ...
Feb 21, 2022 · Punishment under Section 452 IPC. When any person commits house-trespass with the intention of causing hurt to another person or assaulting another person or unlawfully restraining any person shall be liable to imprisonment which may extend to seven years, and shall also be punished with a fine. This offence is cognizable, non-bailable, and triable by any magistrate. This offence is not listed under compoundable offences.
a) Section 452 IPC:- That the accused committed house-trespass, that he did so by entering into or remaining unlawfully in any building or tent or vessel, that such building, tent or vessel was used as a human dwelling or a place of worship or for custody of property and that the accused committed house-trespass after making preparation for ...
IPC Chapter XVII; S. 452 House-trespass after preparation for hurt, assault or wrongful restraint: Description; Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting and person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
To postulate an offence under Section 452 of IPC, it has to be established (a) that the accused committed house trespass and (b) that the same was committed after making preparation for causing hurt to, or for assaulting or for wrongfully restraining, some person, or for putting some person in fear of hurt, or of assault, or of wrongful restraint. If either of the two requirements is not satisfied Section 452 would not be attracted.[13]
Section 452 of the Indian Penal Code (IPC) holds significance within the realm of criminal law as it addresses the offense of house trespass after preparation for hurt, assault, or wrongful restraint. This provision is designed to safeguard the sanctity of personal spaces and ensure the security and well-being of individuals within their own premises. The central premise of Section 452 IPC revolves around unauthorized intrusion into a dwelling or any other location, coupled with the intent ...
Under IPC Section 452, the punishment for committing an offence includes imprisonment of either description (rigorous or simple) for a term that may extend to seven years and a fine. The severity of the punishment reflects the grave nature of the offence, considering both the trespass and the preparation for physical harm or restraint. Example of IPC Section 452 .
IPC Section 452 punishes House trespass after making preparation for hurt, assault or wrongful restraint. The section states that whoever commits house-trespass, having made preparation for either causing hurt to, or for assaulting, any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault, or of wrongful restraint, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine.
Essential ingredients for sec-452 IPC-Essential ingredients for sec-452 IPC were determined by the Hon’ble Gujarat High Court in Ajaybhai vs State (CR.RA/170/2003). It said that “on a plain reading of the aforesaid provision it is apparent that for the purpose of invoking section 452 IPC two requirements are required to be cumulatively ...
