Legal provisions regarding House-trespass in order to commit offence punishable with imprisonment under section 451 of Indian Penal Code, 1860.
Whoever commits house-trespass in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine ; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.
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Section 451 is similar to Sections 449 and 450. It provides punishment for house-trespass committed with intent to commit an offence punishable with imprisonment. Under Section 451, an offence under Section 448 must be proved first.
In Mosaheb Dome v. Emperor [AIR 1940 Pat 14], the accused admitted to have entered the house of the complainant at night with intent to commit theft, but there is no evidence of the accused having taken any precautions to conceal his presence, his case is covered by Section 451 and not by Section 457.
When the offence intended is not theft, the offence is cognizable and a warrant should issue in the first instance. It is bailable, and is compoundable with the permission of the Court and is triable by any Magistrate. But if the offence is theft it is both non-bailable and non-compoundable and is triable by any Magistrate.