Punishment for house-trespass or house-breaking

What this section does

Prescribes a graduated scale of punishments for lurking house-trespass or house-breaking, with enhanced penalties depending on whether the act is committed at night, with intent to commit a further offence, with preparation for violence, or where grievous hurt or death is caused or attempted during the commission.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Sub-s.(1): Up to 2 years imprisonment + fine; Sub-s.(2) night: up to 3 years + fine; Sub-s.(3) intent to commit imprisonable offence: up to 3 years + fine (up to 10 years if theft intended); Sub-s.(4) night + intent: up to 5 years + fine (up to 14 years if theft intended); Sub-s.(5) preparation for violence: up to 10 years + fine; Sub-s.(6) night + preparation for violence: up to 14 years + fine; Sub-s.(7) grievous hurt/attempt to cause death: imprisonment for life or up to 10 years + fine; Sub-s.(8) joint nocturnal offence with death/grievous hurt: imprisonment for life or up to 10 years + fine

Triable by

Sessions Court

Cognizable

Yes

Bailable

Depends

Compoundable

No

Ingredients (what prosecution must prove)

1. Commission of lurking house-trespass or house-breaking as defined
2. Aggravating circumstances as applicable: commission after sunset and before sunrise; intent to commit a further imprisonable offence (including theft); preparation for causing hurt, assault, wrongful restraint or fear thereof; causing or attempting to cause grievous hurt or death during commission
3. For sub-section (8): joint participation in nocturnal lurking house-trespass/house-breaking where any co-participant voluntarily causes or attempts to cause death or grievous hurt

Derived from IPC s.443–460 (consolidated).