Section 445
of Penal Code
Section 445
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 following six ways 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 -
(a)
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;
(b)
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;
(c)
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 opened;
(d)
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;
(e)
he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault;
&I 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.
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Explunation -
Any outhouse, or building occupied with a house and between which and such houses there is an immediate internal communication, is part of the house within the meaning of this -
section.
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(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 t 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 wire through a hole in the door. This is house-breaking.
(fl
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.
House-breaking by night 446.
Whoever commits house-breaking after sunset and before sunrise is said to commit "house-breaking by night".
Punishment for criminal trespass 447.
Whoever commits criminal trespass shall be punished with imprisonment for a term not exceeding one year and fine.
Punishment for house-trespass 448.
Whoever commits house-trespass shall be punished with imprisonment for a term not exceeding 3 years and fine.
B. L. R.O. 5 2021
192 CAP. 22
Penal Code
Punishment for house-trespass in protected place or place of worship 448A.
(1)
Whoever commits house-trespass in a protected place or a place of worship shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and whipping with not less than 2 strokes.
(2)
For the purposes of subsection (I), "protected place" means any place or premises declared to be a protected place under section 5 of the
Protected Areas and Protected Places Act (Chapter 147).
House-trespass in order to commit offence punishable with death 449.
Whoever commits house-trespass in order to commit any offence punishable with death shall be punished with imprisonment for life and fine.
House-trespass in order to commit offence punishable with imprisonment for 15 years 450.
Whoever commits house-trespass in order to commit any offence punishable with imprisonment for 15 years shall be punished with imprisonment for a term not exceeding 10 years and whipping.
House-trespass in order to commit offence punishable with imprisonment 451.
Whoever commits house-trespass in order to the committing any offence punishable with imprisonment shall be punished with imprisonment for a term which may extend 5 years, and shall also be liable to fine, and, if-the offence intended to be committed is theft, the term of the imprisonment may extend to 10 years.
House-trespass after preparation for hurt, assault or wrongful restraint 452.
Whoever commits house-trespass, having made preparation for -
(a)
causing hurt to any person;
(b)
assaulting any person;
(c)
wrongfblly restraining any person; or
(4 putting any person in fear of hurt, assault or of wrongfbl restraint,
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CAP. 22 193
shall be punished with imprisonment for a term not exceeding 10 years and whipping.