Legal Provisions of Section 450 of Indian Penal Code, 1860.
House-trespass in order to commit offence punishable with imprisonment for life:
House-trespass in order to commit an offence punishable with imprisonment for life has been made punishable under this section. The section states that whoever commits house-trespass in order to the committing of any offence punishable with imprisonment for life, shall be punished with simple or rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine. The offence under this section is also serious but not as serious as in the preceding section.
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In Surjit Singh v. State of Punjab the accused policemen entered into the house of the deceased with the intention of committing rape on her. They could not succeed as sons of the deceased shouted for help. On suggestion of one accused that the deceased, if left alive, will implicate all the accused, another accused killed her.
There was no role assigned to the appellant accused in the killing. There was no evidence of common intention. The Supreme Court held that his conviction for murder was liable to be set aside but he was, however, liable to be convicted under Section 450 of the Code as he made forcible entry into the house of the deceased.
The offence under section 450 is cognizable, non-bailable and non-compoundable, and is triable by court of session.