Introduction of IPC Section 442
IPC Section 442 addresses the offense of “house-trespass,” which involves unlawfully entering or remaining in specific premises without lawful authority. This includes entering human dwellings, temporary shelters, vessels used as living spaces, places of worship, or buildings for property storage without permission.
What is IPC Section 442 ?
IPC Section 442 defines “house-trespass” as when someone goes into or stays in certain places without permission. This includes entering or staying in homes, tents, boats used as living spaces, places of worship like temples or mosques, and buildings where property is kept.

IPC Section 442 Overview
IPC Section 442 defines “house-trespass” as a specific type of criminal trespass. Trespass refers to unlawfully entering or remaining on someone else’s property without permission.
Key Points
- Types of Structures Covered: This section applies to various types of structures:
- Buildings used as human dwellings (houses, apartments, or other residential structures).
- Tents used as temporary dwellings.
- Vessels used as living quarters, like boats or ships.
- Buildings used for worship, such as temples, mosques, churches, or other religious spaces.
- Buildings used for the custody or storage of property, like warehouses or storage facilities.
- Types of Buildings Covered: This law applies to buildings used as homes (like houses or apartments), places of worship (such as temples or mosques), or places where valuable items are kept.
- Unauthorized Entry: If someone enters these places without permission, it’s considered house-trespass.
- Intent Matters: The law focuses on protecting the privacy and security of these spaces. Unauthorized entry into someone’s home or a religious place is seen as a serious violation.
- Protection of Privacy and Sanctity: The primary purpose of IPC Section 442 is to protect the privacy, security, and sanctity of certain premises. For example:
- Residential homes are considered private spaces where individuals have an expectation of privacy.
- Places of worship hold religious significance and should be respected as sacred places.
- Buildings used for property custody or storage require security to safeguard the contents.
- Intent of the Offense: To be guilty of house-trespass under IPC Section 442, the offender must have the intention to commit criminal trespass by entering or remaining in one of these specific types of buildings or structures.
- Punishment: The punishment for house-trespass is determined by subsequent sections of the IPC, which specify different penalties based on the severity of the offense and other aggravating factors. Possible punishments may include imprisonment or fines, depending on the circumstances.
IPC 442 Punishment
Imprisonment Duration: Punishment can involve imprisonment for a term which may extend to one year.
Fine Imposition: In addition to imprisonment, the court may impose a fine as part of the punishment under IPC Section 442.

442 IPC bailable or non bailable ?
IPC Section 442, which deals with house-trespass, is generally considered a non-bailable offense. This means that if someone is accused of this offense, they may not be automatically eligible for bail and would need to apply for bail in court. The court will then decide based on the circumstances of the case whether to grant bail or not.
Section 442 IPC in short information
Aspect | Description |
---|---|
Definition | IPC Section 442 defines “house-trespass” as the act of entering or remaining in specified premises without permission. |
Offence | The offence involves unlawfully entering or staying in buildings used as dwellings, places of worship, or property storage. |
Punishment | The punishment for house-trespass under IPC Section 442 varies based on the circumstances but generally involves imprisonment and/or a fine. |
Bailability | House-trespass under IPC Section 442 is generally considered a non-bailable offence, meaning bail is not automatically granted. |
IPC 442 FAQs
What is house-trespass under IPC Section 442?
House-trespass, as defined in IPC Section 442, refers to the act of entering or remaining unlawfully in certain premises without permission. These premises include buildings used as dwellings, places of worship, or property storage.
Which types of places are covered under IPC Section 442?
IPC Section 442 applies to various locations such as houses, tents used as dwellings, vessels used as living spaces, places of worship like temples or mosques, and buildings used for property custody.
What is the punishment for house-trespass under IPC Section 442?
Imprisonment Duration: Punishment can involve imprisonment for a term which may extend to one year.
Is house-trespass a bailable offence under IPC Section 442?
House-trespass under IPC Section 442 is generally considered a non-bailable offence, meaning that bail is not automatically granted and may require specific legal procedures to obtain.
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