Section 346 - House breaking defined.

A person is.said to c°m.mit house breaking, who c?mits house tre- . pass, If he effects hIS entrance mto the house or a part of It m any of the SIX" ways hereinafter described; or if being in the house or a part of it for the pur- d pose of committing an offence or having committed an offence therein, he quits the house or a part of it in any of those six ways, that is to say-

(a) if he enters or quits through a passage made by himself or by any abet-tor of the house trespass in order to commit the house trespass;

(b) if he enters or quits through a 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;

(c) if he enters or quits through a passage which he or any abettor of the house trespass has opened in order to commit the house trespass by any means by which that passage was not intended by the occupier of the house to be opened;

(d) if he enters or quits by opening a lock in order to commit the house tres-pass or in order to quit the house after a house trespass;

(e) if he effects his entrance or departure by using criminal force or com-mitting an assault or by threatening any person with assault;

(f) if he enters or quits by a passage which he knows to have been fastened against the entrance or departure and to have been unfastened by him-seli or by an abettor of the house trespass.

Explanation

The word 'house" in this section includes any place which may be the subject of house trespass.

Explanation

Any out-house or building occupied with a house between which and such house there is an immediate internal communication is part of the house within the meaning of this section.

Illustration

(a) A commits house trespass by making a hole through the wall of Z's house, or by cutting a slit in the tent in which Z is living, and putting his hand through the aperture. A commits house breaking.

(b) A commits house trespass by creeping into a ship at a port-hole between decks. This is house breaking.

(c) A commits house trespass by entering Z's house through a window;' This is house breaking. .

(d) A commits house trespass by entering Z's house through the door hay.. ing opened a door which was fastened. This is house breaking.

(e) A commits house trespass by entering Z's house through the doorhav-ing lifted a latch by putting a wire through a hole in the door. This is house breaking.

(f) A finds the key of Z' s house door which Z had lost and commits house trespass by entering Z s house having opened the door with that key. This is house breaking.

(g) Z is standing in his doorway. A forces a passage by knocking Z do and commits house trespass by entering the house. This is house breaking.