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Indian Penal Code, 1860 · Chapter XVII: Of Offences against Property · Of criminal trespass

Section 446: House-breaking by night

The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Whoever commits house-breaking after sunset and before sunrise, is said to commit “house-breaking by night”.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Supreme Court judgments citing the section 446

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