Section 452 IPC: House-trespass after preparation for hurt, assault or wrongful restraint

Indian Penal Code, 1860

Section 452 IPC at a Glance

Section 452 IPC deals with house-trespass after preparation for hurt, assault or wrongful restraint. It is non-bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 333 BNS.

Punishment

Imprisonment of either description for up to seven years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 333 →

Section 452 IPC Bare Act Text

452. House-trespass after preparation for hurt, assault or wrongful restraint

Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Source: Section 452, Indian Penal Code, 1860

Section 452 IPC in Simple Words

Section 452 of the Indian Penal Code (IPC) punishes house-trespass committed after having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint. The punishment is imprisonment of either description for a term which may extend to seven years, and the offender is also liable to fine.

The offence is cognizable and non-bailable, and it is triable by any Magistrate. It is not listed in Section 320 CrPC, so it cannot be compounded.

Ingredients of Section 452 IPC

  • The accused committed house-trespass as defined in Section 442 IPC
  • Before committing the house-trespass, the accused had made preparation for causing hurt to any person, for assaulting any person, or for wrongfully restraining any person
  • Alternatively, the accused had made preparation for putting any person in fear of hurt, or of assault, or of wrongful restraint

Punishment Under Section 452 IPC

Imprisonment

Imprisonment of either description for up to seven years.

Fine

The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

House-trespass after preparation for hurt, assault or wrongful restraint carries imprisonment of either description for up to seven years, and liability to fine.

Example of Section 452 IPC

In 2017 in Bhopal, Devika occupied a building used as a workshop for the custody of garments and sewing machines. Angry over a boundary quarrel, Madhav armed himself with a bamboo stave and a coil of rope to beat and tie up Devika. Carrying the stave and rope, Madhav unlawfully walked into the workshop building to put Devika in fear of hurt, assault and wrongful restraint. Hearing his threats, Devika escaped through a back passage before he could reach her. Because he committed house-trespass having made preparation for hurt, assault and wrongful restraint, Madhav is punishable under Section 452 IPC.

When Section 452 IPC Does Not Apply

  • Section 452 IPC does not apply when the trespass occurs on open land rather than inside a building, tent or vessel used as a dwelling, place of worship or place for keeping property.
  • Section 452 IPC does not apply when the intruder enters the building without having made any prior preparation to cause hurt, assault or wrongful restraint.
  • Section 452 IPC does not apply when the intruder has made no preparation to put any person in fear of hurt, assault or wrongful restraint.
  • Section 452 IPC does not apply when a person enters the premises lawfully with the consent of the occupant and has no criminal intent.

Section 452 IPC in the BNS

Section 452 IPC is now covered under Section 333 BNS.

Section 452 IPC is now Section 333 BNS, with the same title and the same text. The elements and the punishment of imprisonment of either description for a term which may extend to seven years, and liability to fine remain unchanged.

View detailed comparison (IPC 452 vs BNS 333) →

FAQs on Section 452 IPC

What does Section 452 IPC provide?▼

Section 452 IPC punishes house-trespass committed after having made preparation for causing hurt, assault or wrongful restraint, or for putting any person in fear of hurt, assault or wrongful restraint.

What is the punishment under Section 452 IPC?▼

A person convicted under Section 452 IPC may be sentenced to imprisonment of either description for up to seven years, and is also liable to fine.

Must hurt or assault actually be caused for Section 452 IPC to apply?▼

No. The offence requires only that preparation for hurt, assault or wrongful restraint was made before the house-trespass; no actual hurt or restraint need be inflicted.

Is an offence under Section 452 IPC bailable?▼

No. Section 452 IPC is non-bailable and cognizable according to the First Schedule to the Code of Criminal Procedure, 1973.

Which court tries an offence under Section 452 IPC?▼

An offence under Section 452 IPC is triable by any Magistrate.

Can an offence under Section 452 IPC be compounded?▼

No. Section 452 IPC is not listed in Section 320 CrPC, so it cannot be compounded.

Where is Section 452 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is placed in Section 333 BNS, under Chapter XVII, Of Offences Against Property.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 17 Oct 2026 ·