IPC Section 460 deals with situations where two or more persons jointly commit lurking house-trespass by night or house-breaking by night, and during that offence, any one of them causes or attempts to cause death or grievous hurt to another person. All persons involved can be punished, even if only one person directly caused the injury. Punishment may extend to imprisonment for life or imprisonment up to 10 years along with fine.
Detailed Explanation
IPC Section 460 was created to deal with serious crimes involving unlawful entry into a house during night hours where violence results.
This section follows the principle of joint criminal responsibility. If several people participate together in house-breaking at night and one person causes death or grievous hurt, the law may hold all participants responsible.
The focus is not only on who caused the injury but also on collective involvement in the criminal act.
What does “lurking house-trespass” mean?
Lurking house-trespass refers to entering or remaining inside a house secretly to avoid being noticed.
What is “house-breaking by night”?
House-breaking by night means entering a house illegally after sunset and before sunrise through methods recognised as house-breaking under criminal law.
When does IPC Section 460 apply?
For this section to apply:
- Two or more persons must be involved.
- They must commit lurking house-trespass by night or house-breaking by night.
- During the offence, one participant causes or attempts to cause death or grievous hurt.
- The persons acted jointly in committing the offence.
Practical Example
Suppose three persons enter a house at night intending to commit theft. During the incident, one of them attacks the homeowner and causes serious injury.
Under IPC Section 460, not only the attacker but all persons jointly involved may face punishment if legal requirements are satisfied.
| Point | Explanation |
|---|---|
| Offence | Joint involvement in house-trespass or house-breaking by night where death or grievous hurt occurs |
| Punishment | Imprisonment for life or imprisonment up to 10 years and fine |
| Nature of Offence | Cognizable |
| Bail | Non-bailable |
| Trial Court | Court of Session |
| Requirement | Joint participation in the offence |
The offence is treated seriously because such incidents involve danger to personal safety inside homes.
Key Points / Important Facts
- IPC Section 460 applies only where more than one person is jointly involved.
- Actual injury by every accused is not required for liability.
- The section covers both causing and attempting to cause death or grievous hurt.
- The punishment can extend to life imprisonment.
- The offence is cognizable and non-bailable.
- Courts examine intention, participation, evidence, and surrounding facts before conviction.
- House-breaking during night hours attracts stricter criminal consequences.
Legal Provision or Section
Relevant Law: Indian Penal Code, 1860
Section: IPC Section 460
Section 460 states that when persons jointly commit lurking house-trespass by night or house-breaking by night, and any one among them voluntarily causes or attempts to cause death or grievous hurt, every person involved may be punished with imprisonment for life or imprisonment up to ten years along with fine.
Current Legal Status
The Indian Penal Code, 1860 has been replaced by the Bharatiya Nyaya Sanhita, 2023 with effect from 1 July 2024.
The subject matter previously covered under IPC Section 460 now corresponds to provisions under Section 331(8) of the Bharatiya Nyaya Sanhita, 2023.
Conclusion
IPC Section 460 addresses serious situations where people jointly commit house-breaking or house-trespass at night and violence results. The law imposes collective responsibility and provides strict punishment because such offences threaten both property and personal safety. Understanding IPC Section 460 helps citizens know how Indian criminal law treats organised violent trespass cases.
Sources & References
- India Code – Bharatiya Nyaya Sanhita, 2023
- Legislative Department, Government of India
- Ministry of Home Affairs, Government of India
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