Thus, house-breaking involves commission of house-trespass if the offender either enters the house or any part of it in any of the six ways described herein; or if he is already in the house or any part of it either for the purpose of committing an offence or after having committed an offence therein, he leaves the house or its part, where he is, in any of the following six ways : First It he either enters or quits through a passage which has been made either by himself, or by any abettor of house-trespasser, in order to commit house-trespass. Secondly If he either enters or quits through any passage which no other person except the offender himself or an abettor of the offence intends for human entrance; or through any passage where he has been able to cause by scaling or climbing over any wall or building. Thirdly If he either enters or quits through any passage which has been opened either by him or by any abettor of the house-trespass in order to commit the house- trespass by any means by which the occupier of the house had no intention to open that passage. Fourthly If he either enters or quits by opening any lock in order either to the committing of the house-trespass or in quitting the house after a house-trespass. Fifthly If he either enters or quits by either using criminal force or committing an assault or by threatening any person with assault.
Sixthly If he either enters or quits by any passage about which he has knowledge that the same has been fastened against such entrance or departure, and he himself or an abettor of the house-trespass has unfastened it. An explanation has been attached to the section according to which if there exists any out-house or building which is occupied with a house, and between such out-house or building and the house there is an immediate internal communication, such out-house or building is part of the house within the meaning of this section . A tenant of a shop left the shop without paying rent to the landlord and his whereabouts were not known for a long time. On a request made by the agent of the landlord that permission be given to him to break open the lock the court directed a police officer to accompany the agent with a view to avoid breach of peace. The agent broke open the shop in presence of the police officer and articles found in it were removed from there and the shop was relocked. The agent was held not guilty of committing housebreaking.
The accused who had entered a dwelling house having an iron instrument and a torch in his possession was not held guilty of house-trespass or house-breaking.
