INDIAN KANOON SECTION 456 IPC - Indian Penal Code - Punishment for lurking house-trespass or house-breaking by night
Description
Whoever commits lurking house-trespass by night, or house-breaking by night, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Applicable Offences
Lurking house-trespass or house-breaking by night Punishment - 3 Years + Fine This is a Non-Bailable, Cognizable offence and triable by Any Magistrate
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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