• What does the law say about house breaking?

I am a resident of Vashi - Navi Mumbai. I have purchased two houses in a low-income group complex located in Bhivpuri area of Karjat.

I visit the units occasionally as the travel to Karjat is very tedious.

On my last visit to the units - I discovered that for one of the units the lock I had put on the door was removed and a new lock was there in its place.

On making inquiry - I discovered that a tenant on the second floor had broken the lock on the door and replaced it with his lock.

I asked him for the key and returned his lock. I purchased a new lock and locked the door with the new lock.

Weird as this may sound - I am looking for professional legal advice on how to prevent such an incident from happening again.

Kindly recommend a lawyer willing to assist with the case
Asked 1 year ago in Criminal Law from Navi Mumbai, Maharashtra
Religion: Christian
1. You can lodge a complaint against the tenant for breaking the house lock. He can be prosecuted and punished by directly filing the case in the court. This will act as a deterrent. 

2. Additionally, you can move to court to claim damages from him for breaking the house lock.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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As per sec. 445 IPC the tenant commit a criminal offense and he can be prosecuted and punished by law. The intention behind his act is not supported by law. So file a complaint before the police or move a private complaint before the Judicial first class magistrate court soon.

Dishonestly breaking open receptacle containing property(Section 461 IPC )
Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which be believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
IPC Section 445 says 

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 such six ways, that is to say: --

First-If he enters or quits through a passage by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.

Secondly-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.

Thirdly-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.

Fourthly-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.

Fifthly-If he effects his entrance or departure by using criminal force or committing an assault or by threatening any person with assault.

Sixthly-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
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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1. The excuse is good but the communication should have been sent. 

2. It is not a wise idea to go to court unless you have proof of him having broken the lock.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
If he has criminal intention at the time of trespass then you can initiate legal action against him it is an offence of house breaking if committed with the intention to commit any offence. 
Paste your current address and contact number on the door. if in future any such type of act is committed by any person then you should file FIR.  
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1. It is strange that he had illegally put his lock after breaking your lock but when you had asked for keys, he handed it over to you to reclaim your flat,

2. Did he say why did he broke your lock and out his lock there upon?

3. However, lodge a police complaint against him for breaking your lock and stealing your valuables from your said flat.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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1. This is a valid reason for breaking open the lock of your flat due to emergency (if it is a fact that you had kept your tap open),

2. However, next time ensure that he does not get any opportunity to find any emergency to break the lock of your flat.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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