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SECTION 458 IPC - Indian Penal Code - Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint


Last Updated: 01 Sep, 2024
By Advocate Chikirsha Mohanty


As per new Indian Criminal law, IPC Section 458 has been replaced with BNS Section 331 with effect from July 1, 2024.
(IPC section is included as a sub-section in BNS sans heading. “by night” is replaced by “after sunset and before sunrise”.)

Please refer to BNS 331 for updated procedures & punishments.

Table of Contents
  1. IPC 458 in Simple Words
  2. IPC Section 458 related FAQs
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.



IPC 458 in Simple Words

If someone commits lurking house-trespass or house-breaking at night, with the intention of causing harm, assaulting, wrongfully restraining, or threatening to harm or restrain anyone, they can be punished with imprisonment for up to fourteen years, and may also be fined.

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Offence : Lurking house-trespass or house-breaking by night, after preparation made for causing hurt, etc.


Punishment : 14 Years + Fine


Cognizance : Cognizable


Bail : Non-Bailable


Triable : Magistrate First Class



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Frequently Asked Questions


What is IPC section 458?

IPC Section 458: Lurking house-trespassing or house-breaking at night, after preparing for harm, assault or wrongful restraint


What is 459 section in IPC?

Anyone who, while committing lurking house trespass, house breaking, causes grave injury to another person or attempts death or grave injury to another person shall be punished by imprisonment for life or for either of these terms for a period that may extend up to ten years. They shall also be subject to criminal prosecution.


What is Section 456 of IPC?

Anyone who commits a lurking house trespass or a house break at night will be punished by imprisonment for up to three years. They may also be fined.


What is IPC section 457?

Section 457: House-breaking or trespassing by night to commit an offence punishable by imprisonment.