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Report No. 156

99. Substitution of new sections for sections 443 to 450: Of criminal trespass.-

Do you agree that for sections for sections 443 to 450 of the Penal Code, the following sections be substituted to enhance the quantum of punishment and to define some offences to make them more clear, as recommended by the Law Commission in its 42nd report on Indian Penal Code and clause 182 of the Indian Penal Code (Amendment) Bill, 1978, namely-

"443. A person commits burglary, if-

(a) he commits house trespass in order to commit theft; or

(b) having committed house-trespass, he commits theft. 444. Whoever-

(a) commits house-trespass in order to commit any offence punishable with imprisonment for a term of seven years or upwards; or

(b) having committed house-trespass, commits any such offence as aforesaid, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also to liable to fine."

445. Whoever commits criminal trespass, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

446. Whoever commits house-trespass, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

447. Whoever commits house trespass, having made preparation-

(a) for causing hurt to, or assaulting or wrongfully restraining any person, or

(b) for putting any person in fear of hurt, assault or wrongful restraint, shall be punished with Imprisonment of either description for a term which may extend to seven years, and shall be liable to fine.

448. Whoever commits burglary, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Whoever, whilst committing burglary or an offence under section 444,

(a) causes grievous hurt to any person, or

(b) attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for life or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

450. If at the time of committing the offence of burglary or an offence under section 444, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such offence shall be punished with imprisonment for life or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine"?



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