Indian criminal law | Updated 31 October 2026
IPC Section 454: Lurking House-Trespass or House-Breaking to Commit an Imprisonable Offence
Section 454 of the Indian Penal Code, 1860 dealt with lurking house-trespass or house-breaking committed with the object of committing an offence punishable with imprisonment. The corresponding current provision is Section 331(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What does Section 454 IPC provide?
Section 454 applied where a person committed lurking house-trespass or house-breaking for the purpose of committing an offence punishable with imprisonment. It provided imprisonment of either description for up to three years and a fine. If the offence intended was theft, the maximum imprisonment increased to ten years.
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.
Current law: BNS Section 331(3)
Section 331(3) BNS, under the heading "Punishment for house-trespass or house-breaking," substantially carries forward the offence and punishment under former IPC Section 454. It applies to lurking house-trespass or house-breaking undertaken to commit an offence punishable with imprisonment. The ordinary maximum is three years and a fine; where theft is the intended offence, imprisonment may extend to ten years.
The statutory text can be read in the National Crime Records Bureau's BNS text or the Bureau of Police Research and Development's BNS reference PDF. For consolidated Acts and updates, consult the official India Code portal.
Meaning of important legal terms
House-trespass
Under former IPC Section 442 and the corresponding BNS provisions, house-trespass involves criminal trespass into or upon a building, tent or vessel used as a human dwelling, place of worship, or place for custody of property. It is not limited to residential houses.
Lurking house-trespass
Under former IPC Section 443, lurking house-trespass is house-trespass committed after taking precautions to conceal the trespass from a person entitled to exclude or eject the trespasser. BNS Section 329 contains the related definitions of criminal trespass and house-trespass; BNS Section 330 defines lurking house-trespass and house-breaking.
House-breaking
Former IPC Section 445 and BNS Section 330 address house-breaking, which is house-trespass effected by specified modes of entry or exit, including certain unlawful openings, passages or forcible methods. Every house-breaking involves house-trespass, but every house-trespass is not house-breaking.
Offence punishable with imprisonment
The accused must have the object of committing an offence for which imprisonment is a prescribed punishment. The intended offence need not necessarily have been completed for the aggravated trespass provision to become relevant.
Essential ingredients
- The accused committed lurking house-trespass or house-breaking, not merely an unrelated entry.
- The entry or relevant conduct was undertaken in order to commit another offence punishable with imprisonment.
- The prosecution must establish the required intention from the circumstances and admissible evidence.
- For the higher ten-year maximum, the intended offence must have been theft.
Punishment and classification
| Situation | IPC Section 454 | BNS Section 331(3) |
|---|---|---|
| Intended offence punishable with imprisonment | Up to 3 years' imprisonment of either description and fine | Up to 3 years' imprisonment of either description and fine |
| Intended offence is theft | Imprisonment may extend to 10 years | Imprisonment may extend to 10 years |
Under the applicable procedural schedules, the offence is generally cognizable and non-bailable. The competent trial court can differ for the ordinary and intended-theft categories; check the relevant First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), or the Code of Criminal Procedure for older cases. Non-bailable does not mean bail is legally impossible.
Illustrative situations
Concealed entry to commit theft
A person conceals their entry into a storeroom used to keep property, intending to steal valuables. If the facts establish lurking house-trespass or house-breaking, the intended-theft limb may apply even if the theft is interrupted before completion.
Breaking into premises to commit another offence
A person enters through a passage opened by an unlawful method, intending to commit an imprisonable offence inside. The ordinary limb may apply if the legal requirements of house-breaking and the intended offence are proved.
These examples are explanatory only. Actual charges depend on the nature of the premises, method of entry, intention and evidence.
Difference from nearby provisions
| Former IPC provision | Subject | Relevant BNS provision |
|---|---|---|
| Section 453 | Lurking house-trespass or house-breaking, without the additional intended-offence element | Section 331(1) |
| Section 454 | Lurking house-trespass or house-breaking to commit an imprisonable offence | Section 331(3) |
| Section 455 | Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint | Section 331(5) |
| Section 457 | Night-time form involving intention to commit an imprisonable offence | Section 331(4) |
Frequently asked questions
What is the BNS equivalent of IPC Section 454?
Section 331(3) of the Bharatiya Nyaya Sanhita, 2023.
Is completion of theft necessary?
No. The section concerns lurking house-trespass or house-breaking committed with the object of committing theft. Whether the requisite intention is proved is a question of evidence.
What is the maximum punishment?
Ordinarily three years' imprisonment and a fine; where theft is the intended offence, imprisonment may extend to ten years.
Is IPC Section 454 still relevant after 1 July 2024?
Yes, particularly for conduct occurring before the BNS commenced, subject to the applicable savings and transitional provisions.
Official statutory resources
Read the Indian Penal Code, 1860, and Bharatiya Nyaya Sanhita, 2023 on India Code, the NCRB BNS chapter text, and the BPR&D statutory reference PDF. This page is general legal information, not advice for a particular case.