IPC Section 450: House-Trespass to Commit an Offence Punishable with Life Imprisonment
Section 450 of the Indian Penal Code, 1860 prescribed punishment for house-trespass committed with the purpose of committing an offence punishable with imprisonment for life. For offences governed by the Bharatiya Nyaya Sanhita, 2023, the corresponding provision is Section 332(b).
What did IPC Section 450 provide?
Statutory text: "Whoever commits house-trespass in order to the committing of any offence punishable with imprisonment for life, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine."
Thus, the provision required more than an unauthorised entry: the house-trespass must be connected to the purpose of committing an offence for which imprisonment for life is an available statutory punishment.
Current provision: BNS Section 332(b)
Section 332(b) of the Bharatiya Nyaya Sanhita, 2023 addresses house-trespass in order to commit an offence punishable with imprisonment for life. It provides imprisonment of either description for a term not exceeding ten years and liability to a fine. The maximum term is therefore unchanged from IPC Section 450.
Read the official Bharatiya Nyaya Sanhita, 2023 (India Code PDF), especially Sections 329 and 332, and the official BNSS First Schedule classification.
Meaning of house-trespass
IPC Section 442 defined house-trespass by reference to criminal trespass under IPC Section 441. Under current law, BNS Section 329(1) defines criminal trespass, and Section 329(2) defines house-trespass as criminal trespass by entering into or remaining in a building, tent or vessel used as a human dwelling, or a building used for worship or custody of property. Entry by any part of the trespasser's body is sufficient for the entry element.
Essential ingredients of the offence
- There must be criminal trespass, involving the requisite unlawful entry or remaining and the statutory intent.
- The trespass must concern premises or a structure covered by the legal definition of house-trespass.
- The accused must commit house-trespass in order to commit an offence punishable with imprisonment for life.
- The required intention must be established from the evidence and surrounding circumstances; mere presence at the premises does not automatically establish the aggravated offence.
Punishment and procedural classification
| Aspect | IPC Section 450 | BNS Section 332(b) |
|---|---|---|
| Maximum imprisonment | 10 years | 10 years |
| Nature of imprisonment | Either description | Either description |
| Fine | Also liable to fine | Also liable to fine |
| Procedural classification | Cognizable, non-bailable; Court of Session | Cognizable, non-bailable; Court of Session |
Cognizable means police may investigate in accordance with law without first obtaining a magistrate's order for investigation; non-bailable means bail is not available as an automatic right. The competent court decides bail under applicable law.
Illustrative example
If a person unlawfully enters an occupied dwelling with the established purpose of committing an offence for which the law provides imprisonment for life, Section 332(b) may apply even if the intended offence is not completed. Whether the ingredients are made out depends on proof of the entry, its unlawful character and the specific intended offence.
Distinction from related provisions
BNS Section 329(4) deals with ordinary house-trespass; Section 332(a) deals with house-trespass intended to facilitate an offence punishable with death; Section 332(c) concerns offences punishable with imprisonment, including its special theft proviso. The applicable clause depends on the punishment attached to the intended offence and the proved circumstances.
Which law applies to older incidents?
The date of the alleged act is important. The BNS replaced the IPC from 1 July 2024, but the repeal and savings provisions, including BNS Section 358 and the General Clauses Act where applicable, preserve legal consequences for earlier conduct. Proceedings must be assessed against the relevant offence date and transitional provisions.
Frequently asked questions
What is the punishment under IPC Section 450?
Imprisonment of either description for up to ten years and liability to a fine.
Which BNS provision corresponds to IPC Section 450?
Section 332(b) of the Bharatiya Nyaya Sanhita, 2023.
Is BNS Section 332(b) bailable?
No. It is cognizable, non-bailable and triable by a Court of Session under the BNSS First Schedule.
Official legal references
Bharatiya Nyaya Sanhita, 2023 - official text | BPRD comparative reference for IPC and BNS provisions | BNSS First Schedule - official classification.
This article is general legal information and does not substitute for advice based on the facts of an individual case.