Section 455 IPC: Lurking House-Trespass or House-Breaking After Preparation for Hurt, Assault or Wrongful Restraint
Section 455 of the Indian Penal Code, 1860 prescribed enhanced punishment where a person committed lurking house-trespass or house-breaking after making preparation to cause hurt, assault or wrongful restraint, or to put a person in fear of any of those acts.
Text of Section 455 IPC
Whoever commits lurking house-trespass, or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Meaning and Scope of Section 455 IPC
Section 455 applies to an aggravated form of unlawful entry. The prosecution must establish the underlying act of lurking house-trespass or house-breaking and must also prove that, before or in connection with that act, the accused had made preparation for one or more of the harmful acts specified in the section.
The provision is therefore more serious than the general punishment for lurking house-trespass or house-breaking. The aggravating feature is the prior preparation for violence, restraint or fear of such conduct.
Relevant Definitions Under the IPC
House-trespass - Section 442 IPC
House-trespass is criminal trespass committed by entering into or remaining in a building, tent or vessel used as a human dwelling, or a building used as a place of worship or for custody of property. Introduction of any part of the trespasser's body is sufficient entry for this purpose.
Lurking house-trespass - Section 443 IPC
Lurking house-trespass occurs when a person commits house-trespass after taking precautions to conceal that trespass from a person who has the right to exclude or eject the trespasser from the building, tent or vessel.
House-breaking - Section 445 IPC
House-breaking is a form of house-trespass in which entry into, or exit from, the house or part of it is effected in one of the six modes specified in Section 445 IPC. These include, among other statutory modes, using a passage made for the trespass, entering through a passage not intended for human entrance, obtaining access by scaling or climbing, opening a passage not intended by the occupier to be opened, using criminal force or threat of assault, or unfastening a passage known to have been fastened against entry or departure.
Essential Ingredients of Section 455 IPC
- The accused must commit either lurking house-trespass or house-breaking.
- There must be preparation for causing hurt, assaulting a person, wrongfully restraining a person, or putting a person in fear of hurt, assault or wrongful restraint.
- The preparation must be connected with the commission of the lurking house-trespass or house-breaking; mere unlawful entry without the specified preparation does not by itself attract Section 455.
- The required preparation may be proved from the facts and surrounding circumstances, subject to the ordinary rules of criminal evidence.
Punishment Under Section 455 IPC
| Offence | Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint, or for putting a person in fear of such acts. |
|---|---|
| Imprisonment | Imprisonment of either description for a term which may extend to 10 years. |
| Fine | The offender is also liable to fine. |
Difference Between Sections 452 and 455 IPC
Section 452 concerns house-trespass after preparation for hurt, assault or wrongful restraint and provides imprisonment extending to seven years and fine. Section 455 applies where the underlying conduct is the more specific lurking house-trespass or house-breaking after such preparation, and the maximum imprisonment extends to ten years.
Difference Between Sections 454 and 455 IPC
Section 454 IPC addresses lurking house-trespass or house-breaking committed in order to commit an offence punishable with imprisonment. Section 455 focuses instead on the added danger created by preparation for hurt, assault, wrongful restraint, or fear of those acts.
Section 455 and Offences Committed by Night
Section 455 is not confined to night-time conduct. Where lurking house-trespass or house-breaking by night is committed after preparation for hurt, assault or wrongful restraint, Section 458 IPC specifically addresses that aggravated night-time offence.
Practical Legal Point
The existence of preparation is a material element of Section 455. Courts must consider the proved circumstances showing whether the accused had made preparation for the specified violence, restraint or fear, in addition to proving lurking house-trespass or house-breaking. The exact application of the section depends on the evidence and facts of each case.
Note: This page states the IPC position before commencement of the Bharatiya Nyaya Sanhita, 2023 and is for legal information. For conduct on or after 1 July 2024, the applicable provisions of the Bharatiya Nyaya Sanhita, 2023 should be examined.