Section 449 IPC - House-Trespass to Commit Offence Punishable with Death

Section 449 of the Indian Penal Code, 1860 prescribed an aggravated punishment where a person committed house-trespass in order to commit an offence punishable with death. The provision must be read with the definitions of criminal trespass and house-trespass in Sections 441 and 442 IPC.

Section 449 IPC: Statutory Provision

House-trespass in order to commit offence punishable with death.

Whoever commits house-trespass in order to the committing of any offence punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine.

Legislative note: The words "imprisonment for life" were substituted by Act 26 of 1955, section 117 and the Schedule, for "transportation for life", with effect from 1 January 1956.

Punishment Under Section 449 IPC

Element	Pre-BNS position
Conduct	House-trespass in order to commit an offence punishable with death
First punishment alternative	Imprisonment for life
Second punishment alternative	Rigorous imprisonment for a term not exceeding ten years
Fine	The offender shall also be liable to fine

Meaning of House-Trespass

Section 442 IPC defines house-trespass as criminal trespass committed 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. Its explanation provides that introducing any part of the criminal trespasser's body is sufficient entry to constitute house-trespass.

Criminal Trespass Under Section 441 IPC

The foundation is Section 441 IPC. In substance, it covers entry into property in another's possession with intent to commit an offence or to intimidate, insult or annoy a person in possession, as well as unlawfully remaining after lawful entry with the specified intent.

Essential Ingredients of Section 449 IPC

The accused must commit house-trespass within Section 442 IPC, which itself depends on criminal trespass under Section 441.
The house-trespass must be committed "in order to" commit another offence.
That intended offence must be one punishable with death.
The aggravated purpose distinguishes Section 449 from the general punishment for house-trespass under Section 448 IPC.

Section 448 and Section 449 IPC

Section 448 prescribed the general punishment for house-trespass: imprisonment of either description up to one year, or fine up to Rs. 1,000, or both. Section 449 addressed the substantially aggravated situation where the house-trespass was committed in order to commit an offence punishable with death, and consequently prescribed much more severe punishment.

Related Aggravated House-Trespass Provisions

The IPC graded house-trespass according to the purpose and circumstances. Section 450 concerned house-trespass in order to commit an offence punishable with imprisonment for life, while Section 451 dealt with house-trespass in order to commit an offence punishable with imprisonment. Section 452 addressed house-trespass after preparation for hurt, assault or wrongful restraint.

Legal Position Before Bharatiya Nyaya Sanhita 2023

Historical scope: This article explains Section 449 IPC as it stood immediately before the Bharatiya Nyaya Sanhita, 2023 came into force. The BNS came into force on 1 July 2024, except section 106(2). For conduct occurring under the earlier law, the applicable date and statutory savings provisions should be considered.

Related IPC Sections

Read the statutory sequence through Section 441 - Criminal trespass, Section 442 - House-trespass, Section 445 - House-breaking, Section 447 - Punishment for criminal trespass and Section 448 - Punishment for house-trespass.