Section 446 IPC: House-Breaking by Night
Section 446 of the Indian Penal Code, 1860 defines when house-breaking becomes "house-breaking by night". This page explains the provision according to the legal position applicable before the Bharatiya Nyaya Sanhita, 2023 came into force.
Section 446 of the Indian Penal Code, 1860
Whoever commits house-breaking after sunset and before sunrise, is said to commit "house-breaking by night".
Meaning of House-Breaking by Night
Section 446 does not create a separate method of entry into or exit from a building. It adds a time element to the offence of house-breaking under Section 445 IPC. Therefore, the prosecution must first establish facts amounting to house-breaking under Section 445. If that house-breaking is committed after sunset and before sunrise, Section 446 describes it as house-breaking by night.
The expression "after sunset and before sunrise" identifies the period during which the house-breaking must occur. Mere presence in a house during the night is not, by itself, sufficient to satisfy Section 446; the underlying requirements of house-breaking must also be proved.
Essential Ingredients of Section 446 IPC
- There must be house-trespass within the meaning of Section 442 IPC.
- The house-trespass must amount to house-breaking under Section 445 IPC.
- The house-breaking must be committed after sunset and before sunrise.
How Sections 441, 442, 445 and 446 IPC Work Together
| Provision | Legal concept | Relevance to Section 446 |
|---|---|---|
| Section 441 IPC | Criminal trespass | Provides the foundational concept of unlawful entry or remaining with the required intent. |
| Section 442 IPC | House-trespass | Applies criminal trespass to a building, tent or vessel used as a human dwelling, place of worship or place for custody of property, subject to the statutory explanation. |
| Section 445 IPC | House-breaking | Specifies the statutory modes by which house-trespass becomes house-breaking. |
| Section 446 IPC | House-breaking by night | Applies when the Section 445 house-breaking occurs after sunset and before sunrise. |
Does Section 446 IPC Prescribe Punishment?
Section 446 is a definitional provision. It identifies house-breaking committed during the statutory night-time period. Punishment depends on the applicable penal provision and the surrounding facts, including the purpose of the trespass, preparation for hurt or assault, and consequences of the act. The succeeding provisions dealing with lurking house-trespass and house-breaking should therefore be read with the facts of the particular case.
Legal Position Before the Bharatiya Nyaya Sanhita, 2023
This article is intentionally framed according to the Indian Penal Code, 1860 position before the new criminal laws came into force. The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, subject to the notified exception then applicable to Section 106(2). The IPC was repealed by Section 358 of the BNS, but the statutory savings preserve, among other matters, liabilities, penalties, investigations and proceedings relating to offences committed under the repealed IPC.
Quick Summary
Section 446 IPC defines "house-breaking by night" as house-breaking committed after sunset and before sunrise. The provision must be read with Section 445 IPC because Section 446 does not independently define the acts that constitute house-breaking. It is the combination of house-breaking and the statutory night-time period that attracts the description in Section 446.
Legal information on this page is presented for general reference to the pre-BNS statutory position. Application of criminal law depends on the date, facts and procedural history of each matter.