Section 383 - “Lurking House Trespass by Night Defined”: Whoever commits
lurking house-trespass between sunset and sunrise, is said to commit
lurking house trespass by night.
Section 384 - “House Breaking Defined”: 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 :(a) 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;
(b) 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
climbing over any wall or building;
(c) 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.
(d) 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;
(e) if he effects his entrance or departure by using criminal force or
committing an assault or by threatening any person with assault;
(f)
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 1 :- The word “house” in this section includes any place which may
be the subject of house-trespass.
Explanation 2 :- Any out-house or building occupied with a house between
which and such house there is an immediate internal communication is part of the
house within the meaning of this section.
Illustration :(a) (“A”) commits house-trespass by making a hole through the wall of (“Z’s”)
house, or by cutting a slit in the tent in which (“Z”) is living, and putting his hand
through the aperture; (“A”) commits house-breaking;
(b) (“A”) commits house-trespass by creeping into a ship at a porthole between
decks. This is house breaking;
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