Section 446 IPC: House-breaking by night

Indian Penal Code, 1860

Section 446 IPC at a Glance

Section 446 IPC deals with house-breaking by night. It has no direct equivalent in the BNS.

Punishment

None. Section 446 IPC is a definition and prescribes no sentence of its own. Punishments were provided by Section 456 IPC, Section 457 IPC, Section 458 IPC and Section 460 IPC.

Section 446 IPC Bare Act Text

446. House-breaking by night

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

Source: Section 446, Indian Penal Code, 1860

Section 446 IPC in Simple Words

Section 446 of the Indian Penal Code (IPC) defines house-breaking by night. It applies when a person commits house-breaking as defined in Section 445 IPC after sunset and before sunrise.

Section 446 IPC is solely a definition provision and prescribes no punishment. Punishment for house-breaking by night was provided under Section 456 IPC, Section 457 IPC, Section 458 IPC and Section 460 IPC.

Because Section 446 IPC creates no offence of its own, 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 446 IPC

  • House-breaking as defined in Section 445 IPC, meaning house-trespass in which the offender enters the house in one of the six ways listed there, or leaves it in one of those ways after going in to commit an offence or after committing one
  • The house-breaking was committed after sunset and before sunrise

Punishment Under Section 446 IPC

Imprisonment

None. Section 446 IPC is a definition and prescribes no sentence of its own. Punishments were provided by Section 456 IPC, Section 457 IPC, Section 458 IPC and Section 460 IPC.

Fine

None. Section 446 IPC prescribes no fine.

Section 446 IPC defines house-breaking by night and carries no independent penalty. Sentences were prescribed by Section 456 IPC and the aggravated provisions that follow it.

Example of Section 446 IPC

Around two in the morning in 2022, after sunset and before sunrise, Vikram went to Padmini's residence in Mysuru intending to commit assault upon her. The wooden entrance door was bolted from inside against entry, and Vikram knew it was fastened. He slid a thin metal blade through the gap between the panels to lift the inner bolt, unfastened the door himself, and entered the dwelling. Because Vikram committed house-breaking after sunset and before sunrise, his act amounted to house-breaking by night within Section 446 IPC.

When Section 446 IPC Does Not Apply

  • Section 446 IPC does not apply when the house-breaking is committed during daylight hours between sunrise and sunset.
  • Section 446 IPC does not apply when a trespasser enters and leaves a house at night through an open, unfastened door without using any of the six methods set out in Section 445 IPC.
  • Section 446 IPC does not apply when the night-time entry is onto open land that is not a building, tent or vessel protected by Section 442 IPC.
  • Section 446 IPC does not apply when a person enters a house at night with the lawful permission of the occupier and without any intent required for criminal trespass under Section 441 IPC.

Section 446 IPC in the BNS

Repealed - No equivalent in BNS

Repealed. Section 446 IPC is deleted in the Bharatiya Nyaya Sanhita, which has no standalone definition of house-breaking by night. House-breaking at night is punished directly under Section 331(2) BNS, Section 331(4) BNS, Section 331(6) BNS and Section 331(8) BNS.

FAQs on Section 446 IPC

What did Section 446 IPC define?▼

Section 446 IPC defined house-breaking by night as house-breaking committed after sunset and before sunrise. House-breaking itself is defined in Section 445 IPC.

Did Section 446 IPC prescribe any punishment?▼

No. Section 446 IPC was solely a definition section. Punishment was prescribed under Section 456 IPC, which allows imprisonment of either description for up to three years, and by the aggravated provisions in Section 457 IPC, Section 458 IPC and Section 460 IPC. Under each of them the offender is also liable to fine.

Under Section 446 IPC, how is house-breaking by night different from ordinary house-breaking?▼

Only in time, but the time changes the punishment. Ordinary house-breaking is punishable under Section 453 IPC with up to two years, while house-breaking by night is punishable under Section 456 IPC with up to three years. In both cases the offender is also liable to fine.

Is house-breaking by night under Section 446 IPC bailable and cognizable?▼

Section 446 IPC has no entry in the First Schedule to the Code of Criminal Procedure, 1973 because it is a definition. Bail and cognizance follow the punishing section. Section 456 IPC, Section 457 IPC, Section 458 IPC and Section 460 IPC are all cognizable and non-bailable.

Can house-breaking by night under Section 446 IPC be compounded?▼

No. Section 446 IPC is not listed in Section 320 CrPC, and none of the punishing sections for house-breaking by night is compoundable.

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