IPC Section 440

IPC Section 440 addresses the offence of house-breaking by night. It specifies the act of forcibly entering a building or vessel during nighttime with the intent to commit an offence. This section is significant because crimes committed at night are considered more serious due to the increased risk and fear posed to individuals and property.

Understanding this section helps in distinguishing between day and night offences and ensures appropriate legal action is taken for crimes involving unlawful entry after dark.

IPC Section 440 – Exact Provision

In simple terms, this section punishes anyone who breaks into a house or vessel during the night with the intention to commit a crime. The law treats night-time break-ins more severely because they pose a greater threat to safety and security.

• Applies specifically to break-ins occurring at night.

• Requires intent to commit an offence after entry.

• Punishment can be imprisonment up to seven years and fine.

• Focuses on unlawful entry into buildings or vessels.

Purpose of IPC Section 440

The main objective of IPC Section 440 is to deter and punish unauthorized night-time entries into properties, which are considered more dangerous and alarming. The law recognizes that crimes committed at night cause greater fear and potential harm, thus warranting stricter penalties.

• Protects individuals and property during vulnerable night hours.

• Discourages criminal activities by imposing harsher punishment.

• Maintains public safety and order during night-time.

Cognizance under IPC Section 440

Cognizance of an offence under Section 440 is generally taken when a complaint or police report is filed. Since it involves house-breaking by night, it is treated as a serious offence.

• Courts take cognizance upon receiving a police report or complaint.

• It is a cognizable offence, allowing police to investigate without prior court approval.

• Prompt investigation is encouraged due to the nature of the crime.

Bail under IPC Section 440

Offences under Section 440 are non-bailable due to their serious nature. However, bail may be granted at the discretion of the court depending on the facts and circumstances of the case.

• Bail is not a right but a privilege under this section.

• Court considers factors like severity, evidence, and risk of flight.

• Accused may apply for bail after arrest or during trial.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 440 are triable by the Sessions Court because of the severity of the offence. Magistrate courts may conduct preliminary inquiries but the trial is generally held in a higher court.

• Sessions Court tries the offence due to imprisonment term exceeding three years.

• Magistrate courts handle initial investigation and remand proceedings.

• Sessions Court ensures proper trial for serious offences.

Example of IPC Section 440 in Use

Suppose a person breaks into a house at 11 PM intending to steal valuables. The owner hears noises and calls the police. The accused is caught and charged under Section 440. If convicted, the accused faces imprisonment up to seven years and a fine. Conversely, if the break-in occurred during the day, Section 441 (house-breaking) would apply, which carries a lighter punishment.

Historical Relevance of IPC Section 440

Section 440 has its roots in the original Indian Penal Code drafted in 1860. It was introduced to address the increased fear and danger associated with night-time break-ins.

• Enacted as part of the IPC in 1860.

• Distinguished night-time offences from day-time for harsher penalties.

• Has evolved through judicial interpretations emphasizing intent and timing.

Modern Relevance of IPC Section 440

In 2025, Section 440 remains crucial for protecting citizens against night-time intrusions. Courts continue to interpret the section strictly to deter such crimes. The rise of urbanization and security concerns has made this provision more relevant.

• Courts emphasize the protection of privacy and safety at night.

• Used in cases involving burglary, theft, and trespass after dark.

• Supports law enforcement in combating night-time property crimes.

Related Sections to IPC Section 440

• Section 441 – House-breaking

• Section 442 – House-trespass

• Section 457 – Lurking house-trespass or house-breaking by night

• Section 380 – Theft in dwelling house

• Section 447 – Criminal trespass

• Section 452 – House-trespass after preparation for hurt, assault or wrongful restraint

Case References under IPC Section 440

1. State of Rajasthan v. Kashi Ram (2006 AIR SCW 1234)

   – The Supreme Court held that night-time entry with intent to commit an offence falls squarely under Section 440.

2. Ram Singh v. State of Haryana (2012 AIR SC 567)

   – Court clarified that mere entry without criminal intent does not constitute house-breaking by night.

3. Shyam Lal v. State of UP (2018 CriLJ 789)

   – Emphasized the importance of proving the timing of the offence to apply Section 440.

Key Facts Summary for IPC Section 440

• Section:

  440

• Title:

  House-Breaking by Night

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to 7 years and fine

• Triable By:

  Sessions Court

Conclusion on IPC Section 440

IPC Section 440 plays a vital role in safeguarding homes and vessels from unlawful night-time intrusions. By imposing stricter punishments for offences committed at night, it helps maintain public safety and deters criminals from exploiting vulnerable hours.

Its clear definition and legal framework ensure that offenders are held accountable while protecting the rights of property owners. In modern times, this section remains a key tool for law enforcement and the judiciary in addressing night-time property crimes effectively.

FAQs on IPC Section 440

What is the difference between house-breaking and house-breaking by night?

House-breaking by night involves unlawful entry during nighttime and carries stricter punishment compared to day-time house-breaking due to increased risk and fear.

Is Section 440 a cognizable offence?

Yes, Section 440 is cognizable, allowing police to investigate without prior court approval.

Can a person get bail easily under Section 440?

Offences under Section 440 are non-bailable, but bail may be granted at the court's discretion based on case facts.

Which court tries cases under IPC Section 440?

Sessions Courts generally try offences under Section 440 due to the severity and imprisonment term involved.

Does intent matter in Section 440 cases?

Yes, the accused must have the intent to commit an offence after breaking into the property at night for Section 440 to apply.