Indian Penal Code, 1860
Section 446
repealedHouse-breaking by night
Whoever commits house-breaking after sunset and before sunrise, is said to commit “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.