IPC Section 458 — Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint

Summary

If a person commits the offence of secretly entering a house at night, or breaking into a house at night, and they have prepared beforehand to cause injury, assault, or wrongfully restrain someone, or to make someone fear such harm, they can be imprisoned for up to fourteen years and also fined.

Official Text

Whoever commits lurking house-trespass by night, or house-breaking by night, 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 fourteen years, and shall also be liable to fine.

Related Judgments

• Reserved on: 3rd February, 2010; Date of Decision: 4th Febru vs STATE (N.C.T.) OF DELHI — Delhi High Court (2010)
• SURENDER vs STATE NCT OF DELHI — Delhi High Court (2016)
• KASHI RAM vs STATE — Delhi High Court (2014)
• The Hon’ble Justice Bibek Chaudhuri; C.R.A. 594 of 2016; Usman @ Luba vs The State of West Bengal, Amicus Curiae, :, Mr. Pinak Kumar Mitra, Adv — Calcutta High Court (Kolkata Principal Seat) (2021)

Old <-> New Code Mapping

• BNS §331 — Punishment for house-trespass or house-breaking