SECTION 452

Overview: This provision of the IPC talks about the offence of house trespass. This section also emphasis on the preparation for causing hurt, or assaulting, or restraining, or putting in fear.

What about an office? Will trespass in it come under Section 452 IPC: It is not necessary requirement of Section 452 IPC that for a trespass to be an offence the house must be a private place and not an office. The law protects all house from trespass, Wide Section 448 IPC and further protects persons inside the house from being assaulted or even put in fear of hurt or wrongful restraint within their own house.

Punishment for House-trespass after preparation for hurt, assault or wrongful restraint under Section 452 IPC: This section provides punishment to any person who commits the act of house-trespass, having made preparation for causing hurt to any other person or for assaulting any other person, or for wrongfully restraining any person, or for putting and person in fear of hurt, or of assault, or of wrongful restraint. Any person who does this act shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Example: Where a person goes into a house with a fake or forged warrant to arrest any other person, and takes away a person with him against his will, section 452 of IPC will be applicable..

Factors that can reduce the sentence: Sentences under this section could be reduced on a ground that the accused has a young age, or an old age, and taking into consideration the facts and circumstances of the every case. Where an accused is convicted under sections 147, 149 and 452 of the Indian Penal Code, the incident had happened twenty years ago and they had attained old age, the sentence then would be reduced to the period already undergone but the amount of fine imposed was increased so that the victims could be properly compensated.

Composition under Section 320 Cr.P.C.: This Offence is NOT listed under Compoundable Offences i.e. compromise or settlement cannot be entered into by the parties. 

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