Criminal Law Videos - IPC Section 452 (House trespassing after preparation for hurt)

IPC Section 452 punishes House trespass after making preparation for hurt, assault or wrongful restraint. The section states that whoever commits house-trespass, having made preparation for either causing hurt to, or for assaulting, any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault, or of wrongful restraint, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine.

Commission of house-trespass is necessary after having made preparation for causing hurt or for assaulting any person, or for wrongfully restraining anyone, or of putting someone in fear of hurt, or of assault, or of wrongful restraint.

Preparation does not mean preparation carried on in preceding days. Preparation can be made instantaneously. Assault is one of the ingredients of Section 452 I.P.C. Definition of assault as is mentioned in Section 351 I.P.C. indicates gestures as well. If somebody makes gesture and trespass into house of the victim habouring an idea to assault, it is preparation within the meaning of section 452 I.P.C. sufficient to make out that offence. Preparation does not mean physical preparation, preparation means having an idea and determination to make an assault even by gesture. Preparation has not been defined under Indian Penal Code, therefore, it has to be given a logical meaning in consonance with common parlance. Anybody who has an idea to assault, if he
acts on with that intent, it is preparation as is contemplated under Section 452 I.P.C.

The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by any magistrate.