Distinction between Criminal Trespass and House Breaking

Criminal trespass and House Breaking is inside Chapter XVII of Offences against property in the Indian Penal Code,1860.

Criminal Trespass

• Section 441 of Indian Penal Code , 1860 defines the term Criminal Trespass.
• Section 447 of Indian Penal Code , 1860 talks about the punishment for Criminal Trespass.
• Punishment for criminal trespass is three months imprisonment or fine up to five hundred rupees or both.
• Criminal trespass is an offence under the category Trespass.
• It can be committed on any property including agricultural property, dwelling property.
• Case reference: Sant And Anr. vs The Union Of India (Uoi) on 4 July, 1961.

House Breaking

• Section 442 of Indian Penal Code , 1860 defines the House Breaking.
• Section 448 of Indian Penal Code , 1860 talks about the punishment for House Breaking.
• Punishment for housebreaking is one year punishment or Rs. 1,000/- fine or with both may be imposed upon the house trespasser.
• House-breaking can be committed only in case of dwelling buildings. Agricultural lands are not covered under housebreaking.

Case reference: S v Kharuxab (Case No.: CR 120/07) [2007] NAHC 136.