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...years, and shall also be liable to fine.452. House trespass after preparation for hurt, assault or wrongful restraint.—Whoever commits house trespass,....7. Sections 326 and 452 IPC read as follows:“326. Voluntarily causing grievous hurt by dangerous weapons or means.—Whoever, except in the case provided for by...present Respondents 1 and 2 while dismissing the revision petition filed by the present appellant. The High Court was of the view that for the offence punishable under Section 326 of the Penal Code, 1860...
...the findings there can be no doubt that house trespass was committed, since it is found that the three accused entered the verandah of the complainant's house and dragged him out. But no further fact is found from which it ...that the Trying Magistrate misunderstood the provisions of Section 452 since it charges the accused with having trespassed into the shop of the complainant for the purpose of assaulting the...the learned Sessions Judge who heard the appeal have given their reasons for holding that Section 452, Indian Penal Code, is applicable to the facts of the present case, On...
...face or was committing lurking house trespass. For application of Section 452, I.P.C the prosecution is required to show that the person who commits house trespass, ..., made the entry in the house.7. In the present case, the prosecution does not say nor even the prosecutrix asserts that the accused made the entry in the house for causing hurt to ...-trespass. It says that whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespass from build...
...punishable under Section 451 or 452. Section 451 provides punishment whoever commits house trespass in order to commit any offence punishable with imprisonment whereas for the offence punishable under Section 452 is that wh...causing hurt, which is punishable with imprisonment and there is no allegation that the applicants with preparation to commit the offence have trespassed into the residential house of the victim and it is...submitted that no charge under Section 452 of the Indian Penal Code is made out against the applicants as it is alleged that applicants have trespassed the house with an intention to commit an offence of...
...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 ...the petitioners are not entitled to the grant of pre-arrest bail. Therefore, the applications for grant of pre-arrest bail are dismissed.The observations made in this order are...R.P NAGRATH, J.This order shall dispose of CRM-M-34161 of 2013 and CRM-M-30991 of 2013 as these are the petitions under Section 438 Cr.P.C for...
...v. State Of Punjab, AIR 1961 SC 1782 and Sanjeev Nanda v. State, 1999 II AD (Delhi) 857.6. Said Section 452 provides for punishment for house trespass having ...or for assaulting any person. House trespass has been defined in Section 442 IPC as under:—“Whosoever commits criminal trespass by entering into or remaining...in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit ‘house-trespass...
.... Section 452 I.P.C. is regarding house-trespass after preparation for hurt, assault or wrongful restraint. Section 452 I.P.C. says that whoever commits ...the record to show that the revisionists had committed house-trespass after making preparation as mentioned in Section 452 I.P.C. That being the position, appropriate....
10. Before parting with the matter, this Court further feels that since there were five persons who allegedly received injuries and there was no sufficient reason for having opened this...
.... Section 452 of IPC reads as under:-
452. House-trespass after preparation fo r hur t , a s sau l t o r wrong fu l restraint.Whoever commits house- trespass, having ...commits house-trespass, should make preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person i...under sections 452 and 323 of ipc. Learned Panel Lawyer for the State opposing the submissions made on behalf of the applicant-accused has submitted that if the offence under Section 452 of IPC is...
...house trespass having made preparation for causing hurt. There is no minimum sentence prescribed for the offence, however, there is imprisonment of
7 years and ...CRA-3349-2014 (NIRAJ Vs THE STATE OF MADHYA PRADESH) 09-02-2016 Shri R.S. Patel, learned counsel for the appellants. Shri R.N. Yadav, learned Panel...Lawyer for the respondent/State. Heard. This appeal has been filed against the judgment dated 24.11.2014, by which the trial Court has held appellants guilty for commission of offences punishable under...
...this case. Section 452 IPC provides that whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wron...her testimony to be trustworthy and reliable and has convicted the appellant for having trespassed the property of complainant and assaulting her with such intention and knowledge and under such...knowledge that he is likely thereby to cause hurt to any person, is said “voluntarily to cause hurt”. Section 323 IPC provides punishment for voluntarily causing hurt. Section 323 provides imprisonment for a...
...spur of moment when the complainant denied to go to the Sarpanch on the call of the applicant. Another aspect is that Section 452 says about the house trespass having made preparation for ..., assault etc. The scenario of this offence would show that there was no preparation proved on the part of the applicant for causing hurt or assault to the complainant and what has happened on the spot...record would show that the applicant wasi convicted and sentenced in the following manner :
ConvictionSentence
under Section 452 IPCR.I. for six months and fine of Rs...
...said to commit “house-trespass”.Section 452 House-trespass after preparation for hurt, assault or wrongful restraint.-- Whoever commits house-trespass, ...preparation for hurt, assault or wrongful restraint.8. It may be pertinent her to refer to Sections 442 and 452 IPC, which read as under:-Section 442 House-trespass.-- Whoever...place in the School, the same being a public place. House trespass has been defined in Section 442 IPC. It means trespass into any building, tent or vessel used for home dwelling or any other...
.... Section 452 IPC reads as follows:“452. House trespass after preparation for hurt, assault or wrongful restraint.—Whoever commits house trespass, ...trespass was into a house and that the appellant entered the office having prepared to assault the victim and in any case for putting him in fear of hurt or of assault. There is nothing in Section 452...IPC to suggest that the use to which the house is put makes any difference. It is not the requirement of Section 452 IPC that for a trespass to be an offence the house must be a private place and not...
...:
"House-trespass after preparation for hurt, assault or wrongful restraint.- Whoever commits house-trespass, having made ...charged for the commission of offences under Sections 452, 427 and 506(ii) I.P.C. The trial Court after a full-fledged trial, has convicted them for the commission of offence...under Section 452 I.P.C. and imposed a sentence of three months rigorous imprisonment and fine of Rs.500/- with default sentence of three months simple imprisonment and for...
...section 452 of the Code against all the appellants. Needless to mention that the charge under section 452 of the Code enumerates punishment for committing house trespass, having made preparation, ...slogans for making an attack on him, the informant ran inside the house and bolted the room from inside. Further prosecution-case is that attempts were made by the members of the unlawful assembly to...referred to as “the Code”) and each one of them has been sentenced to suffer rigorous imprisonment for one year under the said charge.2. The appellants were put on trial along with other...
...was house trespass.
6
9. An offence under Section 452 of the IPC would be constituted only if a person commits house trespass, ..., the courts below cannot be found fault with for finding that the petitioner has committed the act of trespass and mischief by causing damage to the roof tiles.
8...petitioner's entry inside and also the damages to the articles inside, it is totally unsafe to find him guilty for an offence of house trespass punishable under Section 452 of the IPC. To that extent...
...that 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 ...provision. Firstly, the accused must have made preparation for causing hurt to any person or for assaulting any person or for wrongfully restraining any person or for putting any person i...certificate of the building was not proved properly. What is material in a case of house trespass is not the ownership of the house but the possession of the house or the building. There is no dispute with...
...Section 452 I.P.C. Section 452 I.P.C states that whoever commits house trespass, having made preparation for causing hurt to any person or for assaulti...requirements are to be cumulatively satisfied to attract that provision. Firstly, the accused must have made preparation for causing hurt to any person or for assaulting any person or for wrongful...any person or for putting any person in fear of hurt or of assault or of wrongful restraint. Secondly, he must commit house trespass. If either of the two requirements is not satisfied, the offence...
...commits house-trespass after
"having made preparation" for causing hurt ………. In the instant case, when petitioner is said to have entered into the ...is theft, the term of the imprisonment may be extended to seven years.
452. House-trespass after preparation for hurt, assault or wrongfull restraint. - Whoever c...a term which may extend to seven years, and shall also be liable to fine."
9. Thus, Section 451 of IPC makes "any house trespass" an offence when any person commits the same in order to "...
...of the house of PW1.
15. In the context, it is relevant to refer Section 452 IPC, which reads thus:
"452. House-trespass alter preparation ...custody of property, is said to commit "house-trespass".
Explanation.—The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-
...shall also be liable to fine."
16. The term 'house trespass' is defined under Section 442 of IPC and the same is as under:
"442. House...