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IPC V. BNS
CHAPTER XVII
SECTION 438-
(INDIAN PENAL CODE, 1860) Section 438- Punishment for the mischief described in section 437 committed by fire or explosive substance. —Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, shall be punished with 2 [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (BHARATIYA NYAYA SANHITA, 2023) Section 325 - Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden: (2) Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in sub-section (1), shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. US LAWS Though there are no direct provision which include punishment related to destruction of a rail, aircraft, decked vessel or one of twenty tons burden but United State Code, Title 18, Section 32 (a)(1) says that (a) Whoever wilfully— (1) sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or commerce; shall be fined under this title or imprisoned not more than twenty years or both while Section 2291 Whoever knowingly— (1) sets fire to, damages, destroys, disables, or wrecks any vessel, shall be fined under this title or imprisoned not more than 20 years, or both. (INDIAN PENAL CODE, 1860) Section 439- Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc .—Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (BHARATIYA NYAYA SANHITA, 2023) Section 326 - Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc. Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (INDIAN PENAL CODE, 1860) Section 440: Mischief committed after preparation made for causing death or hurt .—Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of
wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. NO SUCH PROVISION IN BNS. US LAWS Though there is no such direct provision in US. However, Title 18, Section 1117 of United States Code(USC) talks about Conspiracy to Murder: If two or more persons conspire to violate section 1111 , 1114 , 1116 , or 1119 of this title, and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life. Section 1111 deals with offence of Murder. Additionally, Title 18, Section 956 of USC talks about Conspiracy to kill, kidnap, maim, or injure persons or damage property in foreign country (a) (1) Whoever, within the jurisdiction of the United States, conspires with one or more other persons, regardless of where such other person or persons are located, to commit at any place outside the United States an act that would constitute the offense of murder, kidnapping, or maiming if committed in the special maritime and territorial jurisdiction of the United States shall, if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be punished as provided in subsection (a)(2). (INDIAN PENAL CODE, 1860) Section 441: Criminal trespass .—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”. (BHARATIYA NYAYA SANHITA, 2023) Section 327- Criminal trespass and house- trespass. (1) Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence is said to commit “criminal trespass”. US LAWS In Code for Federal Regulations which is as legally binding as any other statute, mentions about “criminal trespass” Title 25, Section 11.411 Criminal trespass. (a) A person commits an offense if, knowing that he or she is not licensed or privileged to do so, he or she enters or surreptitiously remains in any building or occupied structure. An offense under this subsection is a misdemeanour if it is committed in a dwelling at night. Otherwise it is a petty misdemeanour.
Sixthly.—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.—Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section. (BHARATIYA NYAYA SANHITA, 2023) Section 328: (2) 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 following ways, namely:–– (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 scaling or 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. (INDIAN PENAL CODE, 1860) Section 446: House-breaking by night.— Whoever commits house-breaking after sunset and before sunrise, is said to commit “house-breaking by night”. NO SUCH PROVISION IN BNS. (INDIAN PENAL CODE, 1860) Section 447: Punishment for criminal trespass.— Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. (BHARATIYA NYAYA SANHITA, 2023) Section 327: (3) Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both. (INDIAN PENAL CODE, 1860) Section 448: Punishment for house-trespass .—Whoever commits house-trespass shall be punished with imprisonment of either description for a term
which may extend to one year, or with fine which may extend to one thousand rupees, or with both. (BHARATIYA NYAYA SANHITA, 2023) Section 327: (4) Whoever commits house- trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. Case laws Section-441 : In Hindustan Motor Finance Corporation Limited v. Superintendent of Police^1 : The employees of the said corporation who were dismissed after the company didn't have the requisite financials entered the premises of the factory and remained there and threatened the officers present and also threatened to commit suicide in order to get the officials of the company to cede to their demands, the officials of the company reached out to police for help as the employees refused to leave and caused annoyance. But no action was taken by the police, thereafter the writ petition was filed before the High court of Madras. In this case, the court dealt with the question that whether after getting dismissed or even during the employment period, the employees by staying in the premises after work hours and also threatening the official of the company amounted to criminal trespass. The High court of Madras after placing reliance on the decision of the Supreme court in the Chelpark company ltd. v. The commissioner of Police^2 and on Mysore Machinery ltd. v. State of Mysore^3 the court held that: Staying within the premises of the factory after the working hours is wholly unjustified and the means adopted by the employees to put pressure to accept their demands weren't lawful, and their act of being in the premises for such a long time is intended to cause annoyance, insult, intimidate and commit offence, thus this fall under the definition of criminal trespass under the section 441 of IPC. Biswajit Paul v. State of Assam^4 - A group of people armed with sticks, spade and other weapons came to dispossess the petitioner from his land. The petitioner filed a case in the district court for many offences, one of them being that of criminal trespass under IPC, but the district court dismissed all the charges, aggrieved by this the matter was put before the High court of Gauhati. The court held that to bring the trespass charge home, it must be proven that an unauthorized entrance was made into a property in the ownership of another, and that such unlawful entry was made with the purpose to commit an offense or to intimidate, interest, or annoy the owner of the property. But there existed no proof of ownership and a meeting held to ascertain ownership failed.Thus, there is no proof that the aforementioned trespassing factors have been adequately proven, hence the appeal was dismissed. Similarly, The High court of Delhi in Jagdish Kumar case^5 and the Allahabad High court in Pawan Kumar v. State of UP^6 also after referring to the issues regarding ownership of the property trespassed didn't hold the act to be criminal trespass under IPC. (^1) Hindustan Motor Finance Corporation Limited v. Superintendent of Police, 2019 SCC OnLine Mad 2069. (^2) Chelpark Company Limited v. The Commissioner of Police, 1967 SCC OnLine Mad 235. (^3) Mysore Machinery ltd. v. State of Mysore , 1967 SCC OnLine Kar 75. (^4) Biswajit Paul v. State of Assam ,2019 SCC OnLine Gau 3011. (^5) Jagdish Kapila v. Raj Kumar, 2019 SCC OnLine Del 8617. (^6) Pawan Kumar v, State of UP, 2019 SCC OnLine All 4725.
