Define, Explain and Illustrate the Offence of Housebreaking

Question: Define, explain and illustrate the offence of Housebreaking.

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Answer

If criminal trespass, as mentioned earlier, is committed in a violent way, it is designated as house-breaking.

Section 445, which defines the offence of house-breaking, reads as under:

House-breaking— A person is said to commit “house-breaking” who commits house-trespass if he affects 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 such six ways, that is to say—

1. through the passage made by the accused himself or his accomplice of the house-trespass

2. through any passage not meant for human entrance other than himself or an abettor of the offence;

3. through any passage opened by himself or by any of the abettors of the house-trespass;

4. by opening any lock to seek entry into, or exit from, the house;

5. by using criminal force to seek entry into, or depart from, the house; and

6. by entering or quitting through any passage fastened against such entrance or exit.

However, a careful look at these six ways of breaking a house reveals the two modes of entry into a house. The first three relate to the mode of seeking entry into a house by means of a passage, which is not ordinarily meant for access; while the latter three deal with entry, which is affected by force.

So, House-breaking, as defined under s 445, implies an invasion of, or a forceful entry into, a house. It enumerates aforesaid six ways by which house-trespass defined in section 442 takes the form of house-breaking.

Illustrations

1. 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.
2. A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking.
3. A commits house-trespass by entering Z’s house through a window. This is house-breaking.

Section 453, inter alia, prescribes punishment for house-breaking of simple or rigorous imprisonment for a term up to two years with a fine.

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