Section 458 IPC: Lurking House-Trespass or House-Breaking by Night After Preparation for Hurt, Assault or Wrongful Restraint
Section 458 of the Indian Penal Code, 1860 dealt with an aggravated form of lurking house-trespass by night or house-breaking by night where the offender had made preparation for causing hurt, assault, wrongful restraint, or fear of any of those acts.
Section 458 of the Indian Penal Code, 1860
Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint.
Whoever commits lurking house-trespass by night, or house-breaking by night, 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 fourteen years, and shall also be liable to fine.
Punishment under Section 458 IPC
| Offence | Lurking house-trespass by night or house-breaking by night after the specified preparation |
|---|---|
| Maximum imprisonment | 14 years |
| Fine | Also liable to fine |
| Nature under the CrPC First Schedule | Cognizable and non-bailable |
| Triable by | Magistrate of the first class |
Essential ingredients of Section 458 IPC
For Section 458 to apply, the facts had to bring the conduct within the statutory requirements of the provision. In substance, the prosecution had to establish:
- the commission of lurking house-trespass by night or house-breaking by night;
- that the act occurred during the period legally treated as night for these provisions; and
- that the offender had made preparation for causing hurt, assault or wrongful restraint, or for putting a person in fear of hurt, assault or wrongful restraint.
The element of preparation is important. Section 458 is not merely the general punishment for nighttime lurking house-trespass or house-breaking; it addresses the aggravated situation in which the specified preparation accompanies that conduct.
Connected IPC definitions
Section 441 IPC - Criminal trespass
Section 441 defined criminal trespass in terms of entering property in another person's possession with the prescribed unlawful intent, or unlawfully remaining there after lawful entry with such intent. This is the foundational concept from which house-trespass is derived.
Section 442 IPC - House-trespass
Under Section 442, criminal trespass became house-trespass when it involved entry into or remaining in a building, tent or vessel used as a human dwelling, a building used as a place of worship, or a place for the custody of property. The statutory explanation treated introduction of any part of the trespasser's body as sufficient entry.
Section 443 IPC - Lurking house-trespass
Lurking house-trespass was the form of house-trespass in which the offender took precautions to conceal the trespass from a person who had a right to exclude or eject the trespasser.
Section 444 IPC - Lurking house-trespass by night
Section 444 treated lurking house-trespass committed after sunset and before sunrise as lurking house-trespass by night.
Section 445 IPC - House-breaking
Section 445 defined house-breaking by reference to specified modes of effecting entrance into, or departure from, a house or part of a house for the purpose of committing house-trespass. The provision contained six statutory modes and should be read where the precise manner of entry or exit is material.
Section 446 IPC - House-breaking by night
Under Section 446, house-breaking committed after sunset and before sunrise was described as house-breaking by night.
Why preparation makes Section 458 more serious
Section 458 combined two aggravating features: the trespass or house-breaking occurred at night, and the offender had made preparation connected with violence, restraint, or fear of such conduct. The maximum punishment was therefore substantially greater than the general punishment for lurking house-trespass or house-breaking by night under Section 456 IPC.
Section 458 and nearby IPC provisions
Sections 454 to 460 formed a closely related group of provisions dealing with aggravated forms of lurking house-trespass and house-breaking. Section 457 addressed nighttime entry for committing an imprisonable offence, whereas Section 458 specifically focused on prior preparation for hurt, assault, wrongful restraint, or fear of those acts. Sections 459 and 460 addressed further consequences involving grievous hurt, attempted death or grievous hurt, and joint participation in nighttime offences.
Pre-BNS applicability
The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, subject to the commencement notification. Section 458 IPC remains relevant when examining the earlier statutory regime and cases in which the IPC continues to be material because of the date and legal context of the alleged conduct. The applicable provision in an individual case depends on the relevant facts, dates and transitional law.
This page is a general legal-information article on the pre-BNS statutory position and is not a substitute for advice on the facts of a particular case.