Indian criminal law | Updated 31 October 2026
IPC Section 452: House-Trespass After Preparation for Hurt, Assault or Wrongful Restraint
Section 452 of the Indian Penal Code, 1860 dealt with aggravated house-trespass where the offender had made preparations to cause hurt, assault, wrongful restraint, or fear of those acts. Its corresponding provision in the Bharatiya Nyaya Sanhita, 2023 is Section 333.
What did IPC Section 452 provide?
IPC Section 452 was titled "House-trespass after preparation for hurt, assault or wrongful restraint." It punished a person who committed house-trespass after making preparations to cause hurt or assault, wrongfully restrain someone, or put a person in fear of such conduct.
Whoever commits house-trespass, having 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, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
The original uploaded text contains typographical errors in its heading and wording. The passage above reflects the corrected statutory wording without changing its substance.
BNS Section 333: The corresponding current provision
Section 333 of the Bharatiya Nyaya Sanhita, 2023 is titled "House-trespass after preparation for hurt, assault or wrongful restraint." Its operative requirements and maximum punishment substantially continue those of IPC Section 452. It is important not to confuse BNS Section 333 with BNS Section 332, which concerns house-trespass in order to commit another offence.
See the official BNS statutory text published by the Bureau of Police Research and Development, the NCRB BNS chapter text, and the India Code legislation portal.
Meaning of the legal terms
House-trespass
Under IPC Section 442 and BNS Section 329(2), house-trespass is criminal trespass involving entry into or unlawful remaining in a building, tent or vessel used as a human dwelling, a building used as a place of worship, or a place for the custody of property, as specified in the statute. Criminal trespass itself requires the relevant unlawful intent; a mere property or possession dispute does not automatically establish the offence.
Hurt
Hurt generally refers to causing bodily pain, disease or infirmity to a person (IPC Section 319; BNS Section 114).
Assault
Assault concerns a gesture or preparation made with the requisite intent or knowledge, causing a person present to apprehend imminent criminal force (IPC Section 351; BNS Section 130). Physical contact is not essential to the definition.
Wrongful restraint
Wrongful restraint involves voluntarily obstructing a person so as to prevent that person from proceeding in a direction in which they have a right to proceed, subject to statutory qualifications (IPC Section 339; BNS Section 126(1)).
Essential ingredients of IPC 452 and BNS 333
- House-trespass: The accused committed house-trespass within the statutory meaning.
- Preparation: The accused had made preparation, not merely formed an unexpressed intention.
- Specified purpose: The preparation related to causing hurt, assault, wrongful restraint, or putting a person in fear of one of those acts.
- Connection with trespass: The preparation must be connected to the house-trespass in the manner contemplated by the provision.
Actual physical injury is not an indispensable ingredient. The prosecution must nevertheless prove the necessary facts and mental element beyond reasonable doubt.
Punishment and procedural classification
| Issue | IPC Section 452 | BNS Section 333 |
|---|---|---|
| Offence | House-trespass after preparation for hurt, assault or wrongful restraint | Corresponding offence |
| Maximum imprisonment | Seven years, either description | Seven years, either description |
| Fine | Also liable to fine | Also liable to fine |
| Police classification | Cognizable | Cognizable |
| Bail classification | Non-bailable | Non-bailable |
| Trial court | Any Magistrate | Any Magistrate |
Non-bailable does not mean bail is prohibited; it means release on bail is subject to the applicable judicial provisions and discretion. Procedural matters under the current law are governed by the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to transitional provisions.
Practical illustrations
Example 1: A person unlawfully enters a dwelling after arranging for an accomplice to restrain its occupant while the person confronts them. If the requisite trespass and preparation are proved, Section 333 BNS may apply.
Example 2: A person enters a house in the course of a genuine civil disagreement, without the criminal-trespass intent or the specified preparation. The mere fact of entry or disagreement does not by itself establish this aggravated offence.
Example 3: A person enters a residence carrying an object specifically prepared for threatening or causing hurt to an occupant. The surrounding circumstances, evidence of purpose and manner of entry determine whether the statutory ingredients are met; possession of an object alone is not conclusive.
How is Section 452 different from nearby trespass offences?
Simple house-trespass was punished under IPC Section 448 and is addressed under BNS Section 329(4). IPC Section 451, corresponding to BNS Section 332(c), concerns house-trespass to commit an offence punishable with imprisonment. IPC Section 452 and BNS Section 333 additionally require preparation for the specified violence, restraint or fear. Lurking house-trespass and house-breaking with preparation for hurt are separately addressed under BNS Section 331(5) and, where committed after sunset and before sunrise, Section 331(6).
Frequently asked questions
What is the BNS equivalent of IPC Section 452?
Section 333 of the Bharatiya Nyaya Sanhita, 2023.
Is BNS Section 333 bailable?
No. It is classified as a cognizable, non-bailable offence in the First Schedule to the BNSS.
Is injury necessary for an offence under Section 333?
No. The section addresses house-trespass after preparation for specified acts or fear of those acts. Proof of actual injury is not required as an independent ingredient.
Can a property dispute automatically lead to a charge under Section 333?
No. The prosecution must prove criminal house-trespass and the specified preparation. A civil dispute alone does not establish those elements.
Official statutory references
Read Bharatiya Nyaya Sanhita, 2023 (BPRD PDF), India Code for the IPC, BNS and BNSS, and NCRB Sankalan BNS index. This article provides general legal information, not case-specific legal advice.