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Report No. 156

Clause 182

12.80. Under this clause sections 443-460 dealing with various kinds of house trespass are sought to be substituted. In the proposed section 443 a new expression 'burglary' is defined and it says that a person commits burglary if he commits house-trespass in order to commit or having committed house-trespass he commits theft. The existing section 443 gives the meaning of offence ,in lurking trespass. In the new proposed section such an offence is not mentioned.

It can be seen from the existing sections 443, 444, 445 and 446 that the various types of trespassing by night and by housebreaking by night are with reference to commit an offence like theft. The framers of the Bill by introducing the offence of burglary were of the opinion that the various types of offences of house-trespassing or lurking house-trespassing by night etc. would be covered.

The Law Commission having considered some judgments of the High Courts and amendments made by the UP Government suggest the change in section 441 to which we have already adverted. The Law Commission also recommended that sections 443 and 444 which define lurking house trespass and lurking house trespass by night should be omitted and instead of house-breaking the burglary should be defined in section 445.

These suggestions of the Law Commission are logically reflected in the proposed sections and it may be noticed at this stage that the existing section 445 is somewhat lengthy and enumerates six ways of house-breaking and section 446 mentions that whoever commits house-breaking after sun-set or before sun-rise is said to commit house-breaking by night and in other sections the punishment is prescribed. Coming to the proposed sections we find "burglary" as recommended by the Law Commission, is defined.

Sections 444 to 447 deal with various types of criminal trespass. Some of them prescribe punishment varying from 3 years to 7 years. Section 448 prescribes punishment for burglary being extended to ten years and with fine.

Section 449 lays down that whoever whilst committing burglary causes grievous hurt or attempts to cause death or grievous hurt to any person shall be punishable with imprisonment for life or with rigorous imprisonment for a term which may extend to ten years and with fine.

Section 450 deals with conjoined liability of other persons who were also concerned in committing house-burglary during which one of them commits offence under section 449 and all of them made constructively liable.

We have carefully considered these provisions and we think that such substitution in the place of the existing sections will be salutary.

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