Dishonestly breaking open receptacle containing property
Section 461 of the Indian Penal Code, 1860 deals with dishonestly breaking open receptacle containing property. Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 461, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 334 Dishonestly breaking open receptacle containing property Text carried over almost unchanged 97%
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 The repealed enactment still governs what happened while it was in force.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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Manzoor Ilahi Khan Muhammad Khan vs The State of Maharashtra Thr. City Kotwali Police Station Akola
Court's Decision & Legal Precedent
The mere presence of civil elements or civil flavour in a dispute does not provide grounds for quashing criminal proceedings. When allegations constitute criminal offences under the Indian Penal Code (such as housebreaking and theft), the criminal process must proceed independently of any civil remedies available to the parties. The court will not quash an FIR merely because the underlying facts involve property rights or civil disputes.
On this section: Offence of housebreaking - applied to the allegation that the petitioner obtained forcible possession of the property
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Hemant vs State of Rajasthan through Pp
Court's Decision & Legal Precedent
Even where an accused has previously jumped bail, the High Court may exercise its discretionary power under Section 439 CrPC to grant regular bail if the accused has been in custody for a substantial period, provided that bail is granted subject to conditions imposed by the trial court to ensure the accused's appearance in court and compliance with judicial orders.
On this section: Offence of Punishment for Lurking House-trespass or House-breaking; the substantive charge against the petitioner
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Saroj Singh vs The State of Bihar
Court's Decision & Legal Precedent
When an accused is charged primarily on the basis of a co-accused's statement and possesses a fair antecedent record, bail may be granted with appropriate conditions including sureties, undertakings regarding court appearance, and safeguards against misuse of bail through involvement in similar offences.
On this section: Dishonest or fraudulent removal or concealment of property - charge against petitioner
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Two years later, he was convicted under Section 302 of the Indian Penal Code [hereinafter referred to as the 'IPC'], and sentenced to death, for the brutal murder of his employer Praveenlal, and his parents Lalasan and Prasannakumari. He was also separately convicted and sentenced for the offences under Sections 397, 457, 380 and 461 of the IPC. While he has preferred this Appeal challenging his conviction and sentence by the trial court, the Sessions Judge, Kottayam has forwarded the entire case records to this Court for confirmation of the death sentence as provided in Section 366 (1) of the Code of Criminal Procedure [hereinafter referred to …
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… Two years later, he was convicted under Section 302 of the Indian Penal Code [hereinafter referred to as the 'IPC'], and sentenced to death, for the brutal murder of his employer Praveenlal, and his parents Lalasan and Prasannakumari. He was also separately convicted and sentenced for the offences under Sections 397, 457, 380 and 461 of the IPC. While he has preferred this Appeal challenging his conviction and sentence by the trial court, the Sessions Judge, Kottayam has forwarded the entire case records to this Court for confirmation of the death sentence as provided in Section 366 (1) of the Code of Criminal Procedure [hereinafter referred to …
Questions about Section 461
What have the courts held on Section 461 of the Indian Penal Code?
Manzoor Ilahi Khan Muhammad Khan vs The State of Maharashtra Thr. City Kotwali Police Station Akola (17 Sep 2018) is the leading judgment on this section among those set out below: Offence of housebreaking - applied to the allegation that the petitioner obtained forcible possession of the property. Another 2 judgments on this section are set out below. They run from 2013 to 2018.
How do I find court cases under Section 461 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 461, section 461 IPC, section 461 of the Indian Penal Code. People searching for it also type ipc 461 in bns and ipc 461 379 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Manzoor Ilahi Khan Muhammad Khan vs The State of Maharashtra Thr. City Kotwali Police Station Akola (17 Sep 2018).
What should I read with Section 461 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 334 (Dishonestly breaking open receptacle containing property), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 461 of the Indian Penal Code come into force?
Section 461 of the Indian Penal Code, cited as IPC 461, 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.