Source: Supreme Court 

Why in News? 

Recently, the Supreme Court in the matter of Sonu Choudary v. State of NCT Delhi has held that a restaurant cannot be said to be a place which fulfills the requirement of house trespass. 

What was the Background of Sonu Choudary v. State of NCT Delhi Case? 

• In the present case, a criminal incident that occurred at Baithak Restaurant in Delhi. 
• The complainant Rajat Dhyani (PW-1) was running the Baithak Restaurant when the accused Sonu Choudary came to the establishment. 
• The accused requested a jug of water with the intention of consuming alcohol. 
• When Rajat Dhyani refused to provide the water, the situation escalated. 
• The accused allegedly pulled out a blade and inflicted injuries on Rajat Dhyani's thigh, shoulder, and back. 
• When Rajat called his friend Imran Khan (PW-3) for help, the accused allegedly attacked Imran as well, causing an injury to his stomach with the blade. 
• Upon receiving information about the incident, the Investigating Officer arrived at the scene and found two injured people. 
• The accused was apprehended on the spot. 
• A medical examination was conducted, which confirmed Rajat's injuries. 
• During the trial, while Rajat Dhyani supported the prosecution's case, Imran Khan turned hostile and did not support the prosecution's version of events. 
• The injuries sustained by Rajat were later classified as simple in nature by the doctors. 
• Initially, the accused was charged under two sections of the Indian Penal Code, 1860 (IPC): 
  • Section 324 (voluntarily causing hurt) 
  • Section 452 (house-trespass after preparation for hurt) 
• The trial court convicted the accused for the charged offence and the High Court confirmed the order the of the High Court. 
• Aggrieved by the decision of the lower courts the appellant filed the present appeal before the Supreme Court. 

What were the Court’s Observations? 

• The Supreme Court observed that: 
  • Regarding Section 324 of IPC (Voluntarily Causing Hurt): 
    • The Court confirmed the conviction under Section 324 IPC.: 
    • The prosecution successfully proved the accused's guilt beyond reasonable doubt 
  • Regarding Section 452 of IPC (House-trespass): 
    • The Court found significant flaws in the conviction under this section. 
    • Both lower courts failed to properly consider the essential ingredients of Section 452. 
  • The Supreme Court pointed out that a restaurant cannot be classified as: 
    • A place used for human dwelling 
    • A place of worship 
    • A place for custody of property 
  • The prosecution failed to establish the basic requirements of criminal trespass (Section 441) and house trespass (Section 442). Therefore, the conviction under Section 452 was legally unsustainable.  
  • The Supreme Court upheld the conviction under Section 324 of IPC with two years simple imprisonment, fine of Rs. 1,00,000 and an additional six month imprisonment in default of fine payment. 
  • The Supreme Court also set aside the conviction under Section 452 of IPC. 
  • Since the accused had already served two years in prison, the Court ordered immediate release if not required in any other case and direction to pay the fine if not already paid. 
  • The Supreme Court also issued process direction for the Trial Court to: 
    •  Verify the status of sentence completion 
    •  Check fine payment status 
    •  Take appropriate legal action for any pending aspects of the sentence 

What is House Trespass After Preparation for Hurt? 

• House Trespass 
  • It is a more specific type of criminal trespass. 
  • The House trespass specifically protects residential, religious, and storage spaces. 
  • House trespass is considered more serious because it involves invasion of private spaces or sacred places. 
  • Sub section (2) of Section 329 of Bharatiya Nyaya Sanhita, 2023(BNS) states that whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit house-trespass. 
  • Subsection (4) of this section states that punishment for house trespass as Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. 
  • Sub section (2) of Section 330 of BNS states the conditions when a house trespass is said to be committed: 
    • A person is said to commit house-breaking who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of the following ways, namely:  
      • If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.  
      • If he enters or quits through any 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. 
      • If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened. 
      • If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass. 
      • If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault. 
      • If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass. 
  • Section 333 of BNS states the provision for House Trespass after Preparation for Hurt as: 
    • Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.