Section 454 IPC: Lurking House-Trespass or House-Breaking to Commit an Offence
Section 454 of the Indian Penal Code, 1860 punished lurking house-trespass or house-breaking committed with the object of committing an offence punishable with imprisonment. Where the intended offence was theft, the section prescribed a substantially higher maximum term.
Text of Section 454 IPC
Section 454 - Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment.
Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.
Meaning and scope of Section 454 IPC
Section 454 dealt with an aggravated form of unlawful entry into a building. It was not confined to the mere act of entering or breaking into a house. The prosecution was required to connect the lurking house-trespass or house-breaking with the purpose of committing an offence that was itself punishable with imprisonment.
The expression lurking house-trespass was defined in Section 443 IPC. In substance, it referred to house-trespass committed after taking precautions to conceal the trespass from a person who had a right to exclude or eject the trespasser. House-breaking was defined in Section 445 IPC and covered house-trespass effected by entering or quitting through any of the modes specified in that provision.
Essential ingredients
For Section 454 IPC to apply, the facts ordinarily had to establish the following elements:
- there was lurking house-trespass or house-breaking within the meaning of the IPC;
- the act was committed in order to commit another offence;
- the intended offence was punishable with imprisonment; and
- where the enhanced punishment for theft was invoked, the intended offence was theft.
Punishment under Section 454 IPC
| Situation | Lurking house-trespass or house-breaking in order to commit an offence punishable with imprisonment. |
|---|---|
| General punishment | Imprisonment of either description for a term which may extend to 3 years, and liability to fine. |
| If theft was intended | The term of imprisonment could extend to 10 years, along with liability to fine. |
How Section 454 differed from nearby IPC provisions
Section 453 prescribed punishment for lurking house-trespass or house-breaking without the additional object required by Section 454. Section 455 dealt with lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint. Sections 456 to 460 addressed related forms of lurking house-trespass or house-breaking by night and cases involving hurt or grievous consequences.
Practical legal point
The intended offence was an important part of Section 454. The mere fact that an accused was alleged to have committed house-breaking did not by itself describe the complete Section 454 offence; the entry or breaking had to be linked to the purpose of committing an imprisonable offence. Whether that intention was proved depended on the evidence and circumstances of the particular case.
Pre-BNS applicability
The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. This article intentionally states the IPC position before that commencement date. For conduct occurring around or after the commencement of the new criminal laws, the applicable enactment and relevant saving provisions should be examined separately.
This page is a general legal reference and does not substitute for advice on the facts of a particular case.