IPC Section 460 — All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them

criminal trespass

Criminal

Punishment

Life imprisonment or imprisonment up to 10 years and fine

As the section puts it: “shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine”

Summary

If, during a night-time house-trespass or house-breaking, any one of the offenders causes or tries to cause death or serious hurt to someone, then every person who was involved together in that night-time house-trespass or house-breaking can be punished with life imprisonment, or with imprisonment of up to ten years, and may also be fined.

Official Text

If at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass by night or house-breaking by night, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Related Judgments

  • HARADHAN DAS vs STATE OF WEST BENGAL — Supreme Court of India (2012)
  • RAJESH @ TINKU vs STATE — Delhi High Court (2025)
  • KANHAIYA LAL & ORS. vs STATE OF RAJASTHAN — Supreme Court of India (2013)

Old <-> New Code Mapping

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