Section 442 IPC: House Trespass
Section 442 of the Indian Penal Code, 1860 defines house-trespass. It is an aggravated form of criminal trespass involving specified buildings, tents or vessels.
Definition of house-trespass under Section 442 IPC
Whoever 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".
Explanation: The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass.
Meaning and essential ingredients
Section 442 must be read with Section 441 IPC. The act must first satisfy the definition of criminal trespass. In substance, the accused must enter upon property in another person's possession, or unlawfully remain after lawful entry, with the intent specified in Section 441. When that criminal trespass concerns premises of the kind identified in Section 442, it becomes house-trespass.
- Criminal trespass is required: the foundational requirements of Section 441 must be present.
- Entry or remaining: house-trespass may arise from entering the protected premises or unlawfully remaining there with the requisite intent.
- Protected premises: the provision covers a building, tent or vessel used as a human dwelling, a building used as a place of worship, and a building used for custody of property.
- Partial bodily entry is sufficient: the statutory explanation makes clear that introduction of any part of the trespasser's body can constitute entry.
What premises are covered?
| Category | Section 442 requirement |
|---|---|
| Human dwelling | A building, tent or vessel used as a human dwelling. |
| Place of worship | A building used as a place for worship. |
| Custody of property | A building used as a place for the custody of property. |
Relationship between Sections 441 and 442 IPC
Section 441 IPC defines criminal trespass generally. Section 442 narrows the setting to particular protected premises. Therefore, entry into a house or building does not by itself establish house-trespass: the elements of criminal trespass, including the required intention under Section 441, must also be established.
Entry of part of the body
The explanation appended to Section 442 removes the need for the whole body to enter the premises. If any part of the criminal trespasser's body is introduced into the protected premises, that entry is sufficient for the purposes of the section, provided the underlying requirements of criminal trespass are satisfied.
Punishment for house-trespass
Section 442 is the definition provision. The punishment for ordinary house-trespass was prescribed by Section 448 IPC. More serious forms or purposes of house-trespass were dealt with in subsequent provisions, including Sections 449 to 452 IPC.
Related IPC provisions
The statutory scheme proceeds from criminal trespass under Section 441 and house-trespass under Section 442 to lurking house-trespass under Section 443, house-breaking under Section 445, and the corresponding punishment provisions.
This page describes the Indian Penal Code position before commencement of the Bharatiya Nyaya Sanhita, 2023. Application of criminal law to a particular occurrence depends on the relevant facts, date of offence and applicable statutory provisions.