A enters into a house of B with intent to cause grievous hurt to B, but finds that B is not in the…

Entry into another’s dwelling with intent to commit an offence supplies criminal trespass and the aggravated dwelling category of house-trespass. Merely entering with a plan to injure an absent person does not, on these facts, describe an act directly executing the intended assault beyond that entry. House-trespass is complete even though the intended grievous hurt could not occur; no offence and both alternatives are therefore inappropriate.

Current law: BNS section 329 defines criminal trespass and house-trespass; its general attempt provision is section 62. IPC liabilities for earlier conduct remain saved.