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In which one of the following sections of the Indian Penal Code, 1860 Lurking House Trespass has been defined?

A. Section 442

B. Section 444

C. Section 445

D. Section 443

Answer: Option D

Solution (By Examveda Team)

Definition of Lurking House Trespass:
Lurking house trespass refers to an aggravated form of house trespass where the offender takes special precautions to conceal their presence from the owner or occupants of the house. This act is considered more serious because it involves an element of stealth or deception.

Correct Answer:
The correct answer is Option D: Section 443.

Explanation:
Lurking house trespass is defined under Section 443 of the Indian Penal Code (IPC), 1860. According to this section:
A person is said to commit **lurking house trespass** when they commit house trespass after taking precautions to conceal their presence from any person who has the right to exclude or eject them from the property.

The key difference between **house trespass** (Section 442) and **lurking house trespass** (Section 443) is that in the latter, the offender tries to remain hidden, making it a more severe offense.

Why Other Options Are Incorrect:
- Option A: Section 442 – This section defines **house trespass**, which refers to unlawful entry into a dwelling or building but does not include the element of concealment.
- Option B: Section 444 – This section defines **lurking house trespass by night**, which is a further aggravated form of lurking house trespass, committed specifically during nighttime.
- Option C: Section 445 – This section defines **housebreaking**, which involves forceful entry into a house, but does not necessarily involve concealment like lurking house trespass.

Conclusion:
Lurking house trespass is defined under Section 443 IPC, which differentiates it from ordinary house trespass by adding the element of concealment. This makes the offense more serious as it indicates a higher level of premeditation and intent to commit further crimes.
Thus, the correct answer is Option D.

This Question Belongs to Law >> Indian Penal Code

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A. Imprisonment for a term which shall not be less than 3 years but which may extend to 5 years and fine

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