सं Samvidhan

Indian Penal Code, 1860

Section 446

repealed

House-breaking by night

Why this exists

As with lurking trespass, breaking into a house is treated as more serious when it happens at night, since darkness increases danger to the occupants, reduces the chance of the intruder being seen or caught, and heightens the psychological impact on residents who are often asleep. This section creates the 'by night' category so later provisions can impose stiffer punishment for break-ins committed under cover of darkness.