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

• INSC 698 1083 CASE DETAILS DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI & ORS — Supreme Court of India (2023)
• MATIULLAH SHEIKH v. THE STA TE OF WEST BENGAL — Supreme Court of India (1964)
• S.C.R. 981 HARADHAN DAS v. STATE OF WEST BENGAL — Supreme Court of India (2012)
• PASUPULETI SIVA RAMAKRISHNA RAO v. STATE 1145 OF A. P. & ORS — Supreme Court of India (2014)
• SC (2025) Vol.8 p.305 — Supreme Court of India (2025)
• SUNIL TYAGI v. GOVT OF NCT OF DELHI & ANR — High Court of Delhi (2021)
• SC (2024) Vol.11 p.786 — Supreme Court of India (2024)
• S.C.R. 330 A GEORGE PON PAUL v. KANAGALET & ORS. C — Supreme Court of India (2009)

Old <-> New Code Mapping

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