House-breaking
Section 445 of the Indian Penal Code, 1860 deals with house-breaking. A person is said to commit "house-breaking" who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
A person is said to commit "house-breaking" who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of it in such six ways, that is to say :-
First.-If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.
Secondly.-If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building.
Thirdly.-If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened.
Fourthly.-If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.
Fifthly.-If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault.
Sixthly.-If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.
Explanation.-Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section.
Illustrations
(a) A commits house-trespass by making a hole through the wall of Z's house, and putting his hand through the aperture. This is house- breaking.
(b) A commits house-trespass by creeping into a ship at a port- hole between decks. This is house-breaking.
(c) A commits house-trespass by entering Z's house through a window. This is house-breaking.
(d) A commits house-trespass by entering Z's house through the door, having opened a door which was fastened. This is house-breaking.
(e) A commits house-trespass by entering Z's house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking.
(f) A finds the key of Z's house door, which Z had lost, and commits house trespass by entering Z's house, having opened the door with that key. This is house-breaking.
(g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by entering the house. This is house-breaking.
(h) Z, the door-keeper of Y, is standing in Y's doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.
Section 445, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 330 House-trespass and hous-ebreaking Close, with changes 78%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kashmir Singh vs State of Punjab
Court's Decision & Legal Precedent
While the conviction for theft and house-breaking is legally valid and supported by evidence, and no illegality or perversity is found in the lower court judgments, the High Court may exercise its discretionary power to modify the sentence based on the totality of circumstances, including the protracted nature of proceedings, time already served in custody, the relatively minor value of items stolen, and the prospect of the offender's reformation and rehabilitation into mainstream society.
On this section: Criminal Trespass - Original charge; later converted to Section 457 in appeal
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 445
What have the courts held on Section 445 of the Indian Penal Code?
Kashmir Singh vs State of Punjab (03 Mar 2010) is the leading judgment on this section among those set out below: Criminal Trespass - Original charge; later converted to Section 457 in appeal.
How do I find court cases under Section 445 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 445, section 445 IPC, section 445 of the Indian Penal Code. People searching for it also type ipc 445 in bns and ipc 445 punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Kashmir Singh vs State of Punjab (03 Mar 2010).
What should I read with Section 445 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 330 (House-trespass and hous-ebreaking), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 445 of the Indian Penal Code come into force?
Section 445 of the Indian Penal Code, cited as IPC 445, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.