Question

Raman having found a key of Raju's house which Raju had lost, commits house trespass by entering Raju's house after opening the door with that key. Raman has committed the offence of

• A. House trespass
• B. Criminal trespass
• C. House breaking
• D. None of these

Hint:

Remember that house-breaking is an aggravated form of house-trespass. Always check if the entry or exit described in the problem falls into one of the six categories listed in Section 445 of the IPC. These include entry through an unusual passage, opening a lock, using criminal force, or climbing over a wall.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
This question requires an understanding of the distinction between criminal trespass, house-trespass, and the aggravated form, house-breaking, as defined under the Indian Penal Code. House-breaking is not a separate offense but a specific manner of committing house-trespass.
Step 2: Detailed Explanation:
Let's analyze the offenses in sequence:
1. Criminal Trespass (S. 441 IPC): Entering property in the possession of another with criminal intent. Raman's entry into Raju's house constitutes criminal trespass.
2. House-Trespass (S. 442 IPC): Committing criminal trespass by entering a building used as a human dwelling. Since Raju's house is a dwelling, Raman has committed house-trespass.
3. House-Breaking (S. 445 IPC): This section states that a person commits "house-breaking" if he commits house-trespass by entering the house in any of six specified ways. The sixth way described in Section 445 is: "If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass."
In the given scenario, Raman entered Raju's house by "opening the door with that key." A key is used to open a lock. By using the key to open the lock and enter, Raman's act of house-trespass falls under the specific aggravated form described in the sixth clause of Section 445.
Therefore, while Raman has committed house-trespass, the specific manner of his entry elevates the offense to house-breaking. When a more specific and aggravated offense is committed, it should be identified as such.