In the Code of Criminal Procedure (CrPC), 1973, the procedure for handling house-breaking (also referred to as “lurking house-trespass” or “house-trespass”) is primarily covered under provisions related to search, seizure, and arrest. House-breaking itself is an offense under the Indian Penal Code (IPC), 1860, but CrPC provides the procedural framework for investigation and prosecution.
Relevant Provisions in CrPC Regarding House-Breaking:
1. Investigation and Arrest Procedure
- When a case of house-breaking is reported, the police initiate an investigation under Section 154 (FIR registration) and Section 156 (investigation by the officer-in-charge of the police station).
- If necessary, the police may arrest the suspect under Section 41 (arrest without a warrant) if the offense is cognizable.
- The accused may also be arrested with a warrant under Section 73.
2. Search of Premises:
- If the police suspect stolen property or evidence related to house-breaking is hidden in a particular house, they can search the premises under Section 93 (search warrant).
- If urgent, a police officer can conduct a search without a warrant under Section 165, provided he records the reasons in writing.
3. Seizure of Stolen Property:
- Under Section 102, a police officer has the authority to seize any property suspected to be stolen during house-breaking.
- The seized property is produced before a Magistrate under Section 451 or 457, depending on whether the case is still under trial or concluded.
4. Confession and Statements:
- Statements of witnesses are recorded under Section 161.
- If the accused confesses, it must be recorded under Section 164 CrPC before a Magistrate.
5. Trial Process:
- House-breaking offenses are generally tried in a Magistrate’s Court, depending on the severity of the offense.
- The trial follows Section 238-250 (trial procedures for warrant cases or summons cases as applicable).
Relevant IPC Sections for House-Breaking:
House-breaking is covered under the following sections of the Indian Penal Code (IPC), 1860:
- Section 441 – Criminal Trespass
- Section 445 – Definition of House-breaking
- Section 446 – House-breaking by night
- Section 448 – Punishment for House-trespass
- Section 457 – House-breaking with intent to commit an offense
- Section 458 – Lurking house-trespass with preparation for hurt, assault, or wrongful restraint
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