Section 453 IPC - Punishment for Lurking House-Trespass or House-Breaking
Section 453 of the Indian Penal Code, 1860 prescribed the general punishment for lurking house-trespass or house-breaking. To understand the offence, Section 453 should be read with the definitions of criminal trespass, house-trespass, lurking house-trespass and house-breaking contained in Sections 441, 442, 443 and 445 IPC.
Section 453 IPC: Statutory Provision
Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
Punishment Under Section 453 IPC
| Element | Pre-BNS legal position |
|---|---|
| Offence | Lurking house-trespass or house-breaking |
| Imprisonment | Imprisonment of either description for a term which may extend to two years |
| Fine | The offender shall also be liable to fine |
Meaning of Lurking House-Trespass Under Section 443 IPC
Section 443 IPC provides that a person commits lurking house-trespass when that person commits house-trespass after taking precautions to conceal the house-trespass from a person who has a right to exclude or eject the trespasser from the building, tent or vessel that is the subject of the trespass.
The concealment element distinguishes lurking house-trespass from ordinary house-trespass.
Meaning of House-Breaking Under Section 445 IPC
Section 445 IPC treats house-trespass as house-breaking where entry into, or departure from, the house or any part of it is effected in any of the six ways specified in that section. These include making a passage, entering or quitting through a passage not intended for human entrance, opening a passage by a means not intended by the occupier, opening a lock, using criminal force or assault or threatening assault, and using a passage fastened against entry or departure after unfastening it.
House-Trespass Under Section 442 IPC
Section 442 IPC provides that criminal trespass becomes house-trespass when it is committed by entering into, or remaining in, a building, tent or vessel used as a human dwelling, or a building used as a place for worship or as a place for the custody of property. Introduction of any part of the criminal trespasser's body is sufficient entry for this purpose.
Criminal Trespass Under Section 441 IPC
The statutory foundation is Section 441 IPC. In substance, criminal trespass includes entering property in another person's possession with intent to commit an offence or to intimidate, insult or annoy a person in possession, as well as unlawfully remaining after lawful entry with the specified intent.
Essential Ingredients of Section 453 IPC
- The conduct must amount to house-trespass and therefore satisfy the underlying requirements of Sections 441 and 442 IPC.
- For lurking house-trespass, the additional concealment-related requirement in Section 443 must be established.
- For house-breaking, the entry or departure must fall within one of the modes specified in Section 445 IPC.
- Section 453 supplies the general punishment where either lurking house-trespass or house-breaking is established and no more specific aggravated punishment provision governs the proved conduct.
Section 448 and Section 453 IPC
Section 448 IPC prescribed the general punishment for house-trespass. Section 453 dealt with the more specifically defined conduct of lurking house-trespass or house-breaking and prescribed imprisonment of either description up to two years together with liability to fine.
Lurking House-Trespass and House-Breaking by Night
Section 444 IPC defined lurking house-trespass by night, while Section 446 IPC defined house-breaking by night. Under those provisions, the relevant act is treated as occurring "by night" when committed after sunset and before sunrise. Separate subsequent IPC provisions prescribed punishments for specified aggravated forms.
Legal Position Before Bharatiya Nyaya Sanhita 2023
Related IPC Provisions
Read the statutory sequence through Section 441 - Criminal trespass, Section 442 - House-trespass, Section 443 - Lurking house-trespass, Section 444 - Lurking house-trespass by night, Section 445 - House-breaking, and Section 446 - House-breaking by night.