08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
description for a term which may extend to ten years, and shall also be liable to
fine.
Punishment for
intentionally running
vessel aground or
ashore with intent to
commit theft, etc
439. 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.
Mischief committed
after preparation
made for causing
death or hurt
440. 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.
Of Criminal Trespass
Criminal trespass
441. 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".
442. Whoever commits criminal trespass by entering into or remaining in any
building, tent or vessel used as a human dwelling or any building used as a place
for worship, or as a place for the custody of property, is said to commit "house
trespass".
Explanation.The introduction of any part of the criminal trespasser's body is
entering sufficient to constitute housetrespass.
443. Whoever commits housetrespass having taken precautions to conceal such
housetrespass from some person who has a right to exclude or eject the
trespasser from the building, tent or vessel which is the subject of the trespass,
is said to commit "lurking housetrespass".
444.. Whoever commits lurking housetrespass after sunset and before sunrise, is
said to commit "lurking housetrespass by night".
Housetrespass
Lurking house
trespass
Lurking house
trespass by night
Housebreaking
445. A person is said to commit “housebreaking" who commits housetrespass 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 such six ways, that is to say:
Firstly.If he enters or quits through a passage made by himself, or by any
abettor of the housetrespass, in order to the committing of the housetrespass.
Secondly.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.
Thirdly.If he enters or quits through any passage which he or any abettor of the
housetrespass has opened, in order to the committing of the housetrespass by
any means by which that passage was not intended by the occupier of the house
to be opened.
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