INDIAN KANOON SECTION 454 IPC - Indian Penal Code - Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment
Description
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.
Applicable Offences
1.
Lurking house-trespass or house-breaking in order to the commission of an offence punishable with imprisonment Punishment -
3 Years + Fine This is a
Non-Bailable,
Cognizable offence and triable by
Any Magistrate
2.
If the offence be theft Punishment -
10 Years + Fine This is a
Non-Bailable,
Cognizable offence and triable by
Magistrate First Class
This offence in NOT compoundable.
1.If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.
2.If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court
3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.
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