RESTAURANT OFFENSE NOT A “HOUSE TRESPASS” UNDER IPC RULED BY SC

by | Nov 13, 2024

Headline

The Supreme Court of India acquits a man who was convicted for house trespass, stating that the restaurant is not a “House” under IPC.

Summary

The Supreme Court of India acquitted Sonu Choudary of a house trespass conviction under Section 452 of Indian Penal Code  (IPC), after discovering that a restaurant does not meet the definition of a “house” for the offense of trespass . The bench upheld his conviction under Section 324 of Indian Penal Code (IPC) for willingly causing hurt.

Key Facts

  • Case Name: Sonu Choudhary vs. State of NCT Delhi, Criminal Appeal No. 3111 of 2024
  • Judges Name: Justice Bela M. Trivedi and Justice Satish Chandra Sharma
  • In this case,the accused assaulted the owner of the restaurant after being refused water to drink alcohol.
  • Conviction under Section 452 IPC was set aside; conviction under Section 324 IPC was upheld.

Legal Insights

The Supreme Court of India shed light that under Sections 441 and 442 of Indian Penal Code (IPC), a restaurant does not meet the requirement as a “house,” as it is neither a dwelling, a place of worship, nor a location for property custody.

Impact

The ruling of the Supreme Court restricts the scope of “house trespass” to locations used for particular purposes, influencing future cases involving businesses and public spaces.

Why It Matters

This decision of the Supreme Court explains the legal definitions under the IPC, impacting how courts interpret offenses in non-residential settings.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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