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KAPIL (Querist) 17 January 2012 This query is : Resolved
accused was arrested the offence of 457,511,34 of IPC , THE alleged accused was not entered in the house, only breking the lock, means as per my reading sec.457 could not be attracte. my qustion is. can be charge only for 511 & 34

2) court can descharge if i will pay the fine of sec 511

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S.B.adil rahman (Expert) 17 January 2012
Section 457 IPC is the offence of lurking house trespass by night followed by section 511 IPC which means attempt. As the offence of lurking house trepass could not be completed but attempt of tresspass was in process that is why you have been charged under section 457/511 IPC. No you can not be charged only under section 511 IPC and 34. Section 511 IPC can not be applied without inclusion of the principle offence.