IPC Section 457 deals with the offence of lurking house-trespass or house-breaking by night with the intention of committing another offence punishable with imprisonment. If a person enters a house illegally at night to commit theft, assault, or any other crime, they can be punished under this section with imprisonment up to 5 years and fine. It is a serious property-related criminal offence in India.
Detailed Explanation
IPC Section 457 is part of the Indian Penal Code, 1860. It focuses on house-related offences committed at night. The law aims to protect homes and private spaces from illegal entry and criminal intent.
This section applies when a person enters a house unlawfully during night hours and plans to commit another offence such as theft, assault, or criminal intimidation.
The important element here is criminal intention. Mere entry is not enough. The prosecution must prove that the entry was made with the intention to commit a punishable offence.
In Indian criminal law, house trespass and house-breaking are treated seriously because they violate personal safety and property security.
When IPC Section 457 is applied
| Situation | Legal Position |
|---|---|
| Entering a house at night without permission | May attract IPC 457 if criminal intent is proven |
| Breaking into a house to commit theft | IPC 457 applies |
| Entering to cause assault or harm | IPC 457 applies |
| Entry without criminal intention | IPC 441 or civil trespass laws may apply |
This section is often used along with other sections like theft (IPC 379), criminal trespass (IPC 447), or assault-related provisions depending on the facts of the case.
Key Points / Important Facts
- IPC Section 457 applies only to night-time house trespass or house-breaking cases.
- Criminal intention to commit an offence is essential.
- Covers offences like theft, assault, or wrongful restraint planned after illegal entry.
- Punishment can extend up to 5 years of imprisonment and fine.
- It is a cognizable offence, meaning police can arrest without a warrant.
- It is generally non-bailable in serious cases depending on the facts and accompanying charges.
- Courts rely on evidence like eyewitness accounts, recovery of stolen items, and forensic proof.
- Often charged along with IPC Sections 454, 380, or other theft-related offences.
Legal Provision or Section
Law: Indian Penal Code, 1860
Section: IPC Section 457 – Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment
This provision states that if any person commits lurking house-trespass or house-breaking by night with the intention of committing an offence punishable with imprisonment, they shall be punished with imprisonment which may extend to five years and shall also be liable to fine.
Current Legal Status
The Indian Penal Code, 1860 has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS) from 1 July 2024.
The offences related to house trespass and house-breaking are now covered under corresponding provisions of the BNS, which continue to treat unlawful entry into dwellings with criminal intent as a serious offence.
Conclusion
IPC Section 457 is a strict criminal law provision that deals with illegal entry into a house at night with criminal intent. It protects citizens from burglary, theft, and violent crimes committed inside homes. Even attempted crimes involving unlawful entry are punishable under this law. With the implementation of the Bharatiya Nyaya Sanhita, the same legal protection continues under the new criminal code.
Sources & References
- Ministry of Home Affairs, Government of India
https://www.mha.gov.in - Legislative Department, Government of India
https://legislative.gov.in - India Code – Bharatiya Nyaya Sanhita, 2023
https://www.indiacode.nic.in/
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Prabh Kalsi provides global legal information and educational content to help readers understand legal concepts, rights, and processes across different countries. With experience in researching legal topics and simplifying complex legal information, he creates easy-to-understand content based on publicly available and trusted sources. This content is intended for informational purposes only.