Section 445 IPC: House-breaking

Indian Penal Code, 1860

Section 445 IPC at a Glance

Section 445 IPC deals with house-breaking. From 1 July 2024 it is replaced by Section 330(2) BNS.

Punishment

None. Section 445 IPC defines house-breaking and prescribes no punishment. Substantive offences and punishments are provided by Section 453 IPC and subsequent sections.

BNS Equivalent

Section 330(2) →

Section 445 IPC Bare Act Text

445. House-breaking

A person is said to commit "house-breaking" who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:—

First.—If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.

Secondly.—If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building.

Thirdly.—If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened.

Fourthly.—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.

Fifthly.—If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault.

Sixthly.—If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.

Explanation

Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section.

Illustrations

(a) A commits house-trespass by making a hole through the wall of Z's house, and putting his hand through the aperture. This is house-breaking.

(b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking.

(c) A commits house-trespass by entering Z's house through a window. This is house-breaking.

(d) A commits house-trespass by entering Z's house through the door, having opened a door which was fastened. This is house-breaking.

(e) A commits house-trespass by entering Z's house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking.

(f) A finds the key of Z's house door, which Z had lost, and commits house-trespass by entering Z's house, having opened the door with that key. This is house-breaking.

(g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by entering the house. This is house-breaking.

(h) Z, the door-keeper of Y, is standing in Y's doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.

Source: Section 445, Indian Penal Code, 1860

Section 445 IPC in Simple Words

Section 445 of the Indian Penal Code (IPC) defines house-breaking. A person commits house-breaking who commits house-trespass and enters or quits the house or any part of it in one of six specified ways: through a passage made by the offender; through a passage not intended for human entrance, or reached by climbing a wall or building; through a passage opened by means the occupier did not intend; by opening a lock; by using criminal force, assault or a threat of assault; or through a passage the offender knows was fastened and was unfastened by him or an abettor.

Section 445 IPC is strictly a definition section and prescribes no punishment. Substantive offences and penalties for house-breaking are enacted in Section 453 IPC and subsequent sections.

Because Section 445 IPC defines the concept rather than creating an independent offence, it has no entry in the First Schedule to the Code of Criminal Procedure, 1973, and compounding under Section 320 CrPC does not apply.

Ingredients of Section 445 IPC

  • The commission of house-trespass as defined in Section 442 IPC
  • Entry into the house or any part thereof, or departure from the house having entered to commit an offence or having committed an offence therein
  • Effecting such entrance or departure through one of the six statutory ways specified in Section 445 IPC

Punishment Under Section 445 IPC

Imprisonment

None. Section 445 IPC defines house-breaking and prescribes no punishment. Substantive offences and punishments are provided by Section 453 IPC and subsequent sections.

Fine

None. Section 445 IPC prescribes no fine.

Section 445 IPC is a definition section that does not prescribe a penalty. Punishments for house-breaking are enacted in Section 453 IPC and related provisions.

Example of Section 445 IPC

In 2017, Nandini occupied a cottage in Shimla as her human dwelling. One morning, Harish arrived at the cottage intending to intimidate Nandini over a family property dispute. Finding the front door padlocked from the outside while Nandini was in the rear room, Harish used an iron pick to open the padlock in order to commit house-trespass and stepped into the hallway. Because Harish committed house-trespass and effected his entrance into the house by opening a lock, his act constituted house-breaking within Section 445 IPC.

When Section 445 IPC Does Not Apply

  • Section 445 IPC does not apply when a trespasser walks into and leaves a building through an unlatched, open doorway without using any of the six statutory modes of entry or exit.
  • Section 445 IPC does not apply when a person climbs over a wall or breaks a gate to enter an open field rather than a building, tent or vessel covered by Section 442 IPC.
  • Section 445 IPC does not apply when an occupier or authorised guest opens a locked door with lawful authority and without any criminal intent.

Section 445 IPC in the BNS

Section 445 IPC is now covered under Section 330(2) BNS.

Section 445 IPC corresponds to Section 330(2) BNS. Under the Bharatiya Nyaya Sanhita, the definition of house-breaking is incorporated as Section 330(2) BNS. The six ways of entering or quitting, headed First to Sixthly in Section 445 IPC, become clauses a to f, and the words in any of such six ways, that is to say are replaced by in any of the following ways, namely. The Explanation and illustrations are preserved without substantive change. The punishments for house-breaking are consolidated under Section 331 BNS.

View detailed comparison (IPC 445 vs BNS 330(2)) →

FAQs on Section 445 IPC

What is house-breaking under Section 445 IPC?▼

Section 445 IPC defines house-breaking as house-trespass where the offender effects entrance or departure through one of six specified ways, such as making a passage, climbing over a wall, opening a lock, or using force.

Does Section 445 IPC prescribe any punishment?▼

No. Section 445 IPC is solely a definition section. Punishment for house-breaking is provided under Section 453 IPC and subsequent aggravated sections of the Code.

Is Section 445 IPC bailable and cognizable?▼

Section 445 IPC has no classification in the First Schedule to the Code of Criminal Procedure, 1973 because it is a definition. Bail and cognizance follow the substantive punishing charge such as Section 453 IPC, which is cognizable and non-bailable.

Can an offence under Section 445 IPC be compounded?▼

Section 445 IPC is not compoundable under Section 320 CrPC because it creates no distinct substantive offence.

Does entering through an open door constitute house-breaking under Section 445 IPC?▼

No. Entering or quitting through an ordinary open door without using any of the six specified statutory methods does not constitute house-breaking, though it may amount to simple house-trespass.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·