Law on 452 IPC Latest Supreme Court Judgments

What is 452 IPC?

452 IPC. 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.

Law on 452 IPC: Latest Supreme Court Judgments

SUPREME COURT OF INDIA
L. Nageswara Rao, Hemant Gupta, Ajay Rastogi, JJ.
2020(4) R.C.R.(Criminal) 868

Criminal Procedure Code, 1973, Section 482 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sections 3(1)(x) and 3(1)(e) – Indian Penal Code , 1860 Sections 452 , 504 and 506 Atrocities – Quashing of proceedings – All insults or intimidations to person would not be offence under Act unless such insult or intimidation is on account of victim belonging to Scheduled Caste or Scheduled Tribe – Another key ingredient of provision is insult or intimidation in “any place within public view” – Held, Allegations of abusing informant were within four walls of her building – There was no any member of public at time of incident in house – Therefore, basic ingredient that words were uttered “in any place within public view” not made out – Charge-sheet to that extent is quashed.

Latest judgments on 452 IPC Supreme Court Judgment

SUPREME COURT OF INDIA
Ashok Bhushan and Navin Sinha, JJ.
Decided: 2019

Indian Penal Code , 1860 Sections 302 , 307 , 149 , 147 , 148 and 452 Acquittal – Appeal – Five accused armed with weapons entered house of deceased and when latter ran out for his safety, he was chased and assaulted – One of accused fired at deceased who fell down, after which others assaulted – Another deceased injured eyewitness fell over deceased to save him – They were also assaulted – Eleven injuries have been found on person of deceased by spade, sword and tabbal Weapons well capable of causing incised injuries – There is no variation between ocular evidence and medical evidence so as to discredit injured eyewitness and other eyewitness – Order of acquittal set aside.

452 IPC Supreme Court Judgment

SUPREME COURT OF INDIA
N.V. Ramana, Mohan M. Shantanagoudar and Ajay Rastogi, JJ.
2020(1) R.C.R.(Criminal) 67

Indian Penal Code , 1860 Sections 326 , 452 r/w Section 34 Sentence – Sustainability – Trial Court sentenced accused to undergo three years RI and fine of ₹ 250 each for offence under Section 326 I.P.C. and one year RI with fine of ₹ 250 each for offence under Section 452 I.P.C. – High Court enhanced fine to ₹ 1500 and reduced imprisonment to already undergone – No detailed analysis of facts, nature of injuries and weapon used given by High Court – Accused entered house of complainant, attacked victims with axes and sticks – Four people, including complainant, were injured – Maximum sentence for alleged offences 10 years and 7 years respectively along with fine – Accused attacked victims with axe – Sentence enhanced.

452 IPC Supreme Court Judgment

SUPREME COURT OF INDIA
Mr. Arun Mishra and Mr. Navin Sinha, JJ.
Decided: 2019

Criminal Procedure Code, 1973 Sections 161 and 319 – Indian Penal Code , 1860 Sections 148 , 149 , 307 , 325 , 452 , 506 , 341 , 427 and 323 – Summoning of accused persons – Specific role attributed to accused persons have no ground for setting aside summoning order when names mentioned in FIR – Statement of injured person, recorded under Section 161 Cr.P.C. and in Court specifically named accused persons who were summoned – Adequate material to summon accused persons – Therefore, setting aside of order of summoning accused persons unsustainable and set aside.

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452 IPC Supreme Court Judgment

SUPREME COURT OF INDIA
Mr. N.V. Ramana and Mr. Mohan M. Shantanagoudar, JJ.
Decided: 2019

Indian Penal Code , 1860 Sections 452 read with 34 and 302 read with 34 – U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Sections 2 and 3 – Arms Act, 1959 Sections 3 and 25 – Bail – Accused involved under Section 302 IPC, under Sections 302, 452 read with Section 34, under Sections 3 and 25 Arms Act, under Section 307 IPC and 120B IPC and under Sections 2 and 3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 and trial is pending – Therefore, grant of bail to accused set aside – Direction to accused to surrender before appropriate Court.

452 IPC Supreme Court Judgment

SUPREME COURT OF INDIA
Mr. A.M. Khanwilkar and Mr. Navin Sinha, JJ.
Decided: 2018

Indian Penal Code , 1860 Sections 452 , 323 , 376 and 506 Rape of married woman – Conviction based on testimony of prosecutrix – Prosecutrix was sleeping in the house in the night and her husband had gone for attending labour work, accused entered the room and caught hold of her hand, inflicted injuries and committed rape on her – Trial Court holding the accused guilty convicted him for commission of offences under section 452 , 323 , 376 and 506 – Held, that the view taken by the Trial Court regarding the evidence is unquestionable and, therefore, has been rightly upheld by the High Court.

452 IPC Supreme Court Judgment

SUPREME COURT OF INDIA
N.V. Ramana and S. Abdul Nazeer, JJ.
2018(5) R.C.R.(Criminal) 228

Constitution of India, 1950 Article 136 Indian Penal Code , 1860 Sections 147 , 148 , 452 and 302 Conviction – Appeal – All witnesses relatives of deceased – Accused related to deceased – FIR not consistent of all facts subsequently deposed by witnesses – Wife of deceased not witnessed chopping of hand which resulted in ultimate death – In absence of cogent evidence concerning culpability of accused Court not to believe her evidence – No injury found on any vital part of deceased – Legs and arms not vital parts of body – Motive of crime said to be quarrel during which deceased slapped accused – Incident not proved by producing independent witness nor scuffle reported to police – Contradiction in statements of witnesses – Oder of conviction and sentence by High Court set aside and order of acquittal by Trial Court restored.

452 IPC Supreme Court Judgment

SUPREME COURT OF INDIA
Prafulla C. Pant and Deepak Gupta, JJ.
Decided: 2017

Criminal Procedure Code, 1973 Section 3 Indian Penal Code , 1860 Sections 147 , 148 , 447 , 448 , 452 , 427 , 324 , 307 and 302 – Murder – Testimony of related witnesses – All witnesses are injured eye witnesses – Injuries on their person proved on record – Witnesses cannot be simply disbelieved for reason that they are related to informant.

452 IPC Supreme Court Judgment

SUPREME COURT OF INDIA
Prafulla C. Pant and Deepak Gupta, JJ.
Decided: 2017

Criminal Procedure Code, 1973 Section 154 Indian Penal Code , 1860 Sections 147 , 148 , 447 , 448 , 452 , 427 , 324 , 307 and 302 – Delay in FIR – Informant got injured – First taken to hospital – No reason to doubt prosecution story on ground of alleged delay in lodging FIR.

452 IPC Supreme Court Judgment

SUPREME COURT OF INDIA
Adarsh Kumar Goel and Uday Umesh Lalit, JJ.
Decided: 2017

Indian Penal Code , 1860 Sections 120B , 143 , 147 , 148 , 452 , 436 , 427 , 324 , 302 and 307 read with 149 – Dual Murder – Attempt to murder – Injuries – Unlawful assembly – Conviction – Sustainability – Statement of PW.1 that immediately after attack on him, accused persons assaulted both the deceased, is not supported by any other material witnesses – Apart from fact that version of PW.1 is not corroborated, the same is contradicted by other witnesses as well as circumstances – Even if there is grave suspicion, it cannot take the place of proof and also burden of proof is entirely on prosecution – If some of the witnesses were under fear, it cannot be ground to hold that accused are guilty, in absence of reliable evidence before the Court – Conviction of accused under Section 302 of the Code set aside – Conviction under Section 307 read with 149 upheld – As accused are already in custody for nearly 11 years, sentence reduced to period already undergone – Appeal allowed.

452 IPC Supreme Court Judgment

SUPREME COURT OF INDIA
H.L. Dattu and S.A. Bobde, JJ.
2014(2) R.C.R.(Criminal) 129

Indian Penal Code , Sections 452 and 448 – Trespass of a person into the office of victim – Whether it makes an offence of house trespass – (Yes) –

ON FACTS

Accused entered the office of victim and caused hurt with a bottle – Accused guilty of offence of house-trespass – High Court acquitted the accused on the ground that no offence under Section 452 I.P.C. out as trespass was not in private house – Order of High Court set aside – Held :-

(i) It is not the requirement of Section 452 I.P.C. that for a trespass to be an offence the house must be a private place and not an office – The law protects any house from trespass, vide Section 448 I.P.C. and further protects persons within the house from being assaulted or even put in fear of hurt or wrongful restraint within their own house.

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