House-Trespass Alter Preparation For Hurt, Assault or Wrongful Restraint - Section 452

How can the Sentence under Section-452 be reduced?

Sentences under this section could be reduced on a ground that the accused has a young age, or an old age, and taking into consideration the facts and circumstances of every case. Where an accused is convicted under sections 147, 149 and 452 of the Indian Penal Code, the incident took place twenty years ago and he/she had attained old age, the sentence then would be reduced to the period already undergone but the amount of fine imposed was increased so that the victims could be properly compensated.

Essential ingredients for sec-452 IPC-

Essential ingredients for sec-452 IPC were determined by the Hon’ble Gujarat High Court in Ajaybhai vs State (CR.RA/170/2003). It said that “on a plain reading of the aforesaid provision it is apparent that for the purpose of invoking section 452 IPC two requirements are required to be cumulatively satisfied, firstly that the accused must have made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint and secondly he must commit house trespass. If either of the two requirements is not satisfied section 452 would not be attracted.”

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Some Famous Case Laws:-

1. State of Maharashtra (through Rural Police Station, Ratnagiri) v. Babu Bhaga Zore and Others (2020 SCC OnLine Bom 325):- To put forward an offence under Section 452 of IPC, it has to be ascertained (a) that the accused committed house trespass and (b) it was committed after making preparation for causing hurt to, or for assaulting or for wrongfully restraining, some person, or for putting some person in fear of hurt, or of assault, or of wrongful restraint. If any one of the two requirements is not satisfied then Section 452 would not be involved.

2. In Moreshwar V. State of Maharashtra and Anr. (2005 11 SCC 429), the appellant had committed trespass in the premises occupied by the complainant and her husband as tenants and the appellant had tried to outrage her modesty. The Learned Senior Counsel, in this case, contended that it was an offence under Section 451 which provides for the commission of house trespass in order to the committing of any offence punishable with imprisonment. It was held that the appellant had entered the house occupied by the complainant for seeking sexual favors and not for causing any physical hurt or assault or wrongful restraint. The court held that the offence made out against the appellant is only under Section 451 and not under Section 452.

3. Similarly, where an accused went into a house with a forged warrant to arrest someone, and took away a person with him against his will, this section was held to apply.

4. Also, where the accused inflicted a knife blow on one of the eye witnesses in her house to prevent her from going to the court, conviction under this section and section 324 was held to be good. Sentences under this section could be reduced on the ground of young age, or old age, of the accused taking into consideration the facts and circumstances of the case.

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Read in Hindi about आई पी सी धारा 452