Rajasthan APO 2024 Prelims Paper

'B' puts his hand by making an aperture in D's house. What offence 'B' has committed?

Verified Answer
A. Lurking House Trespass
B. House Breaking
C. House Trespass
D. Criminal Trespass

Explanation:

This question requires an understanding of the various forms of trespass defined under the Indian Penal Code (IPC), specifically focusing on offenses against property related to dwelling houses. **Analysis of Options:** * **Option (1) Lurking House Trespass:** Lurking house-trespass is defined in Section 443 of the IPC. It occurs when a person commits house-trespass, having taken precautions to conceal such house-trespass from any person who has a right to exclude or eject the trespasser from the house. While 'B' is entering 'D's house, the act described (making an aperture and putting a hand inside) is a specific mode of entry that constitutes a more aggravated form of trespass than merely 'lurking'. Therefore, this option is incorrect as it describes a different, albeit related, offense. * **Option (2) House Breaking:** This is the correct answer. Section 445 of the IPC defines 'House-breaking'. One of the six ways in which house-breaking can be committed is described in clause (c): "if he effects his entrance into the house or any part of it through any passage not intended by any inmate of the house for human entrance, or through any passage opened by himself for the purpose." In this scenario, 'B' makes an 'aperture' (an opening or hole) in 'D's house and puts his hand inside. This act of creating an opening and using it to gain partial entry (even just a hand) constitutes effecting entrance through a passage opened by himself for the purpose, which squarely falls under the definition of house-breaking. The act of making an aperture is a forcible or unauthorized means of gaining access, which is the essence of house-breaking. * **Option (3) House Trespass:** House-trespass is defined in Section 442 of the IPC as committing criminal trespass by entering into or remaining in any building, tent, or vessel used as a human dwelling, or any building used for worship or as a place for the custody of property. While 'B' is indeed committing house-trespass, the specific *manner* of entry (making an aperture) elevates the offense to house-breaking, which is an aggravated form of house-trespass. House-trespass is a broader category, and house-breaking is a specific, more serious type of house-trespass. Therefore, this option is not the most precise description of the offense committed. * **Option (4) Criminal Trespass:** Criminal trespass is the most basic form of trespass, defined in Section 441 of the IPC. It occurs when a person enters into or upon property in the possession of another with intent to commit an offense or to intimidate, insult, or annoy any person in possession of such property, or having lawfully entered, unlawfully remains there with such intent. While house-breaking is a form of criminal trespass, it is a much more specific and aggravated offense. Stating 'criminal trespass' would be an understatement of the actual offense committed. Therefore, this option is too general and incorrect. In conclusion, by making an aperture in 'D's house and putting his hand inside, 'B' has committed the offense of house-breaking, as this act fits the specific modes of entry defined under Section 445 of the IPC.