Section 460 IPC: Joint Liability Where Death or Grievous Hurt Is Caused During House-Trespass or House-Breaking by Night
Section 460 of the Indian Penal Code, 1860 imposed enhanced liability on every person jointly concerned in lurking house-trespass by night or house-breaking by night when one participant voluntarily caused or attempted to cause death or grievous hurt.
Section 460 of the Indian Penal Code, 1860
All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them.
If, at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass by night or house-breaking by night, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Punishment and classification under Section 460 IPC
| Punishment | Imprisonment for life, or imprisonment of either description up to 10 years, and fine |
|---|---|
| Cognizable | Yes |
| Bailable | No - non-bailable |
| Triable by | Court of Session |
Essential ingredients of Section 460 IPC
Section 460 operated where the statutory conditions for the aggravated joint liability were present. In substance:
- lurking house-trespass by night or house-breaking by night was being committed;
- two or more persons were jointly concerned in committing that offence;
- one person guilty of that offence voluntarily caused or attempted to cause death or grievous hurt to a person; and
- the act occurred at the time of committing the nighttime lurking house-trespass or house-breaking.
The significance of the section is that its punishment is not confined to the participant who personally causes or attempts to cause death or grievous hurt. The statutory language extends the prescribed punishment to every person jointly concerned in committing the specified nighttime offence when the conditions in Section 460 are satisfied.
Meaning of lurking house-trespass by night
Section 443 IPC - Lurking house-trespass
Section 443 treated house-trespass as lurking house-trespass where the offender took precautions to conceal the house-trespass from a person who had a right to exclude or eject the trespasser.
Section 444 IPC - Lurking house-trespass by night
Under Section 444, lurking house-trespass committed after sunset and before sunrise was described as lurking house-trespass by night.
Meaning of house-breaking by night
Section 445 IPC - House-breaking
Section 445 defined house-breaking through six specified modes of effecting entrance into, or departure from, a house or part of a house while committing house-trespass. The particular statutory mode of entry or exit is relevant when deciding whether the conduct amounts to house-breaking.
Section 446 IPC - House-breaking by night
Section 446 provided that house-breaking committed after sunset and before sunrise is house-breaking by night.
Meaning of grievous hurt - Section 320 IPC
For the IPC framework, grievous hurt was defined by Section 320 through specified categories. These included emasculation; permanent privation of sight or hearing; privation of a member or joint; destruction or permanent impairment of the powers of a member or joint; permanent disfiguration of the head or face; fracture or dislocation of a bone or tooth; and hurt that endangered life or met the statutory requirement concerning severe bodily pain or inability to follow ordinary pursuits.
Accordingly, whether an injury constitutes grievous hurt is determined by the statutory categories rather than merely by describing an injury as serious.
How Section 460 differs from Section 459 IPC
Section 459 applied where a person, while committing lurking house-trespass or house-breaking, caused grievous hurt or attempted to cause death or grievous hurt. Section 460 specifically concerned lurking house-trespass by night or house-breaking by night and created the further rule that every person jointly concerned could attract the prescribed punishment where one of the persons guilty of the offence voluntarily caused or attempted to cause death or grievous hurt.
1955 amendment to Section 460 IPC
The expression imprisonment for life was substituted for the former expression transportation for life by Section 117 and the Schedule to Act 26 of 1955, with effect from 1 January 1956. This statutory history, which appeared on the original page, has been retained.
Position after commencement of the BNS
The Central Government appointed 1 July 2024 as the date on which the Bharatiya Nyaya Sanhita, 2023 came into force, except for the specifically excluded provision stated in the commencement notification. This page is intentionally focused on Section 460 IPC and the law immediately before that commencement date.
This article provides general information on the pre-BNS statutory framework. Application of a criminal provision to an individual case depends on its facts, evidence, dates and governing law.