Section 457 IPC: Lurking House-Trespass or House-Breaking by Night to Commit an Offence

Section 457 of the Indian Penal Code, 1860 dealt with the aggravated offence of committing lurking house-trespass by night or house-breaking by night with the purpose of committing an offence punishable with imprisonment. This article explains the provision and the connected IPC definitions under the law applicable immediately before the Bharatiya Nyaya Sanhita, 2023 came into force.

Historical-law scope: The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024 (subject to the notified exception concerning section 106(2)). This page explains Section 457 IPC as it stood immediately before that commencement date and should be read in that historical context.

Text and punishment under Section 457 IPC

Section 457 - Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment.

Whoever commits lurking house-trespass by night, or house-breaking by night, 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 five 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 fourteen years.

Essential ingredients of Section 457 IPC

For Section 457 to apply, the facts had to bring the act within the statutory concepts of lurking house-trespass by night or house-breaking by night and also show the purpose required by Section 457. In practical terms, the provision involved these elements:

there must be lurking house-trespass by night or house-breaking by night;
the act must take place after sunset and before sunrise, as required by the connected IPC definitions;
the entry or remaining in the building must satisfy the relevant requirements of criminal trespass and house-trespass; and
the lurking house-trespass or house-breaking by night must be committed in order to commit an offence punishable with imprisonment.

If the intended offence was theft, Section 457 prescribed the enhanced maximum term of imprisonment of fourteen years.

Meaning of the connected IPC expressions

Criminal trespass - Section 441 IPC

Section 441 broadly covered entry into or upon 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 there with the specified intent after having lawfully entered.

House-trespass - Section 442 IPC

Criminal trespass became house-trespass when committed by entering into or remaining in a building, tent or vessel used as a human dwelling, a building used as a place of worship, or as a place for the custody of property, subject to the explanation contained in Section 442.

Lurking house-trespass - Section 443 IPC

Lurking house-trespass was a form of house-trespass in which the offender took precautions to conceal the house-trespass from a person who had a right to exclude or eject the trespasser from the building, tent or vessel.

Lurking house-trespass by night - Section 444 IPC

Lurking house-trespass became lurking house-trespass by night when it was committed after sunset and before sunrise.

House-breaking - Section 445 IPC

Section 445 treated house-trespass as house-breaking when entrance into, or departure from, the house or any part of it was effected in one of the six statutorily specified ways. The provision therefore dealt with particular modes of entry or exit and not merely with the fact that a person entered a house without permission.

House-breaking by night - Section 446 IPC

House-breaking was house-breaking by night when it was committed after sunset and before sunrise.

Punishment and procedural classification before BNS

Aspect	Position under Section 457 IPC / CrPC First Schedule
General punishment	Imprisonment of either description up to 5 years and fine
If intended offence is theft	Imprisonment may extend to 14 years
Cognizable	Yes
Bail	Non-bailable
Ordinary trial	Any Magistrate
Where intended offence is theft	Magistrate of the first class

Difference between Sections 456 and 457 IPC

Section 456 punished lurking house-trespass by night or house-breaking by night as such, with imprisonment up to three years and fine. Section 457 added a further element: the night-time lurking house-trespass or house-breaking had to be committed in order to commit an offence punishable with imprisonment. Because of that additional criminal purpose, Section 457 prescribed a higher maximum punishment of five years, rising to fourteen years where theft was the intended offence.

Section 457 IPC at a glance

Offence: Lurking house-trespass by night or house-breaking by night in order to commit an offence punishable with imprisonment.

Maximum punishment: Five years and fine; up to fourteen years where the intended offence is theft.

Nature: Cognizable and non-bailable under the pre-BNSS CrPC First Schedule.

Time requirement: The relevant lurking house-trespass or house-breaking must occur after sunset and before sunrise.

Legal context after 1 July 2024

The Bharatiya Nyaya Sanhita, 2023 replaced the IPC framework prospectively from its notified commencement. The BNS reorganised the corresponding house-trespass and house-breaking offences, including the night-time aggravated form, principally within Section 331. For conduct and proceedings where the earlier IPC remains legally relevant, the applicable saving and transitional provisions must be considered according to the facts and date of the alleged offence.

This page is an explanatory legal reference and does not substitute for advice on the facts of a particular case.