Indian criminal law | Updated 31 October 2026
IPC Section 453: Punishment for Lurking House-Trespass or House-Breaking
Section 453 of the Indian Penal Code, 1860 prescribed punishment for lurking house-trespass or house-breaking. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 331(1).
What did Section 453 IPC provide?
The statutory punishment under Section 453 IPC was:
Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
The provision applied to either of two distinct forms of unlawful entry: lurking house-trespass or house-breaking. It did not require that a further offence, such as theft, actually be completed.
Legal definitions and essential ingredients
1. House-trespass
Under former IPC Section 442, house-trespass was criminal trespass committed by entering 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. Criminal trespass under IPC Section 441 required the specified intention to commit an offence or to intimidate, insult or annoy a person in possession, or unlawfully remaining with that intention.
2. Lurking house-trespass
Former IPC Section 443 defined lurking house-trespass as house-trespass committed after taking precautions to conceal the trespass from a person who has a right to exclude or eject the trespasser from the building, tent or vessel. Concealment precautions distinguish this offence from ordinary house-trespass.
3. House-breaking
Former IPC Section 445 defined house-breaking through particular methods of entering or leaving during house-trespass, including specified passages, openings, locks, or use of criminal force or threats. Merely entering without permission is not automatically house-breaking; the statutory mode of entry or exit must be established.
What must be proved?
- There was house-trespass within the applicable statutory definition.
- The accused either took precautions to conceal the trespass from an entitled person, or entered or exited in a manner amounting to house-breaking.
- The required mental elements and other facts are established through admissible evidence.
Corresponding provision: BNS Section 331(1)
Section 331(1) of the Bharatiya Nyaya Sanhita, 2023 provides the corresponding general punishment for lurking house-trespass or house-breaking. Definitions are addressed in BNS Section 329 (criminal trespass and house-trespass) and Section 330 (lurking house-trespass and house-breaking). The punishment under Section 331(1) remains imprisonment of either description for a term up to two years and liability to a fine.
| Subject | Former IPC, 1860 | BNS, 2023 |
|---|---|---|
| Criminal trespass and house-trespass | Sections 441 and 442 | Section 329 |
| Lurking house-trespass and house-breaking | Sections 443 and 445 | Section 330 |
| General punishment for lurking house-trespass or house-breaking | Section 453 | Section 331(1) |
| Maximum imprisonment under the general provision | Two years | Two years |
| Fine | Also liable to fine | Also liable to fine |
Illustrative situations
Concealed entry: A person unlawfully enters a dwelling with the requisite criminal intent, taking precautions to avoid discovery by the lawful occupant. Depending on the evidence, this may amount to lurking house-trespass.
Entry by breaking a lock: A person commits house-trespass by opening a secured door through a statutory method of house-breaking. Liability may arise under the general provision even if no property is ultimately stolen.
Ordinary trespass: A person merely enters premises without satisfying the additional requirements for lurking house-trespass or house-breaking. Section 453 IPC or BNS Section 331(1) should not be assumed to apply merely because entry was unauthorized.
How does Section 453 differ from related offences?
IPC Section 453 concerned the basic forms of lurking house-trespass or house-breaking. Former IPC Sections 454 to 460 dealt with additional circumstances, such as an intention to commit an imprisonable offence, preparations to cause hurt, night-time commission, or death or grievous hurt. Under the BNS, the applicable sub-section and enhanced punishment depend on the particular aggravating facts. Charges must be matched to the conduct actually alleged and proved.
Cognizability, bail and trial
Classification of the offence, bail, investigation and trial must be checked against the applicable procedural schedule, including the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 for current cases, with transitional rules considered where relevant. The facts may also disclose other offences carrying different classifications.
Frequently asked questions
What is the punishment under IPC Section 453?
Imprisonment of either description up to two years, and liability to a fine.
What is the BNS equivalent of IPC Section 453?
BNS Section 331(1), read with the definitions in Sections 329 and 330.
Is theft necessary for an offence under Section 453 IPC?
No. The general offence concerns lurking house-trespass or house-breaking. If theft is intended or committed, other or aggravated provisions may be relevant.
Does the IPC still apply after 1 July 2024?
The BNS generally governs new offences from its commencement, while the IPC may remain relevant for earlier conduct under savings and transitional provisions.
Official legislation and further reading
Consult the India Code legislation portal for the authoritative text of the Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023, and Bharatiya Nagarik Suraksha Sanhita, 2023. See the Ministry of Home Affairs for criminal-law commencement and implementation materials. This article is general information and not case-specific legal advice.