Indian criminal law | Updated 31 October 2026
IPC Section 455: Lurking House-Trespass or House-Breaking After Preparation for Hurt, Assault or Wrongful Restraint
Section 455 of the Indian Penal Code, 1860 addressed aggravated lurking house-trespass or house-breaking where the offender had prepared to cause hurt, assault or wrongful restraint, or to put someone in fear of those acts. Its corresponding current provision is Section 331(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What did IPC Section 455 provide?
Under IPC Section 455, a person who committed lurking house-trespass or house-breaking after making preparation to cause hurt, assault, wrongful restraint, or fear of any such act was liable to imprisonment of either description for up to ten years and a fine.
The provision punished the combination of unlawful entry of the specified kind and advance preparation for violence, restraint or intimidation. It was not necessary for hurt actually to be inflicted, provided the statutory elements were established.
BNS Section 331(5): Current equivalent
Section 331(5), BNS addresses lurking house-trespass or house-breaking after preparation for causing hurt, assaulting a person, wrongfully restraining a person, or putting a person in fear of hurt, assault or wrongful restraint. The prescribed punishment is imprisonment of either description for a term extending to ten years, and liability to a fine.
Read the authoritative text in the Bharatiya Nyaya Sanhita, 2023 (India Code official PDF). The India Code legislation portal also provides access to the former Indian Penal Code and related laws.
Meaning of the important legal terms
Lurking house-trespass
Under former IPC Section 443 and BNS Section 330(1), lurking house-trespass involves committing house-trespass while taking precautions to conceal the trespass from a person entitled to exclude or eject the trespasser. Concealment precautions are central to this category.
House-breaking
Former IPC Section 445 and BNS Section 330(2) describe house-breaking by reference to specified ways of entering or leaving during house-trespass, such as creating a passage, entering through a passage not intended for human entry, opening a lock, or using criminal force or threats in the circumstances described by law. Not every unauthorised entry amounts to house-breaking.
Hurt, assault and wrongful restraint
Hurt generally involves causing bodily pain, disease or infirmity (former IPC Section 319; BNS Section 114). Assault concerns gestures or preparations that intentionally or knowingly cause apprehension of imminent criminal force (former IPC Section 351; BNS Section 130). Wrongful restraint involves voluntarily obstructing a person so as to prevent proceeding in a direction in which that person has a right to proceed (former IPC Section 339; BNS Section 126(1)).
Essential ingredients of the offence
- Lurking house-trespass or house-breaking: The conduct must satisfy at least one of these defined forms of unlawful entry or exit.
- Preparation: The accused must have made preparation for causing hurt, assault, wrongful restraint, or placing a person in fear of one of those acts.
- Connection to the entry: The preparation must exist in connection with the lurking house-trespass or house-breaking as contemplated by the provision.
- Proof: The prosecution must establish the relevant elements beyond reasonable doubt, based on the facts and admissible evidence.
Preparation is distinct from the completed infliction of hurt. A weapon, restraint materials, threats, actions to overpower an occupant, or other circumstances may be relevant evidence, but no single fact automatically establishes guilt.
Punishment and procedural position
| Issue | IPC Section 455 / BNS Section 331(5) |
|---|---|
| Conduct | Lurking house-trespass or house-breaking after the specified preparation for hurt, assault, wrongful restraint or fear |
| Maximum imprisonment | Ten years, of either description |
| Fine | Also liable to fine; no fixed amount stated in the subsection |
| Nature of offence under BNSS schedule | Cognizable and non-bailable |
| Ordinary trial court under BNSS schedule | Magistrate of the first class |
The precise charges, applicable procedure and court jurisdiction depend on the alleged date of conduct and any additional offences. The India Code portal provides the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and its First Schedule.
Practical illustrations
Example 1: Concealed entry with preparation for assault
A person secretly enters a house while taking precautions to conceal the entry from its occupants and carries materials prepared for restraining or assaulting an occupant. If the required facts and intent are proved, Section 331(5) may apply even if the intended assault is interrupted.
Example 2: Breaking into a house with preparation to cause hurt
A person unlawfully opens a secured entrance in a manner meeting the legal definition of house-breaking, having prepared to injure anyone who intervenes. The combination of house-breaking and preparation for hurt may attract this provision.
These are explanatory examples, not statutory illustrations or findings in any actual case.
Difference from nearby IPC and BNS provisions
| Former IPC provision | Current BNS provision | Key distinction |
|---|---|---|
| IPC 452 | BNS 333 | House-trespass after preparation for hurt, assault or wrongful restraint; maximum seven years and fine |
| IPC 453 | BNS 331(1) | Lurking house-trespass or house-breaking without the additional preparation element; maximum two years and fine |
| IPC 454 | BNS 331(3) | Lurking house-trespass or house-breaking to commit an imprisonable offence; enhanced punishment where theft is intended |
| IPC 455 | BNS 331(5) | Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint; maximum ten years and fine |
| IPC 458 | BNS 331(6) | Comparable aggravated conduct after sunset and before sunrise; maximum fourteen years and fine |
Frequently asked questions
Is actual injury required for Section 455 IPC or BNS 331(5)?
No. The subsection concerns the specified form of trespass or house-breaking after preparation for the listed acts. Actual injury is not an essential ingredient of this particular offence, although separate provisions may apply if injury occurs.
Is the offence bailable?
The corresponding offence under BNS Section 331(5) is classified as non-bailable in the BNSS First Schedule. Non-bailable does not mean bail is legally impossible; it means bail is subject to the applicable judicial rules.
Does every house-trespass attract a ten-year sentence?
No. The prosecution must establish lurking house-trespass or house-breaking and the specified preparation. Simple house-trespass is separately addressed under other provisions.
Which law applies to acts committed before 1 July 2024?
IPC Section 455 may remain applicable to earlier conduct, subject to the repeal and savings framework and the particular facts. The current BNS section should not automatically be substituted for an earlier alleged offence.
Official sources and further reading
Primary source: Bharatiya Nyaya Sanhita, 2023, Sections 114, 126, 130, 330 and 331(5). For procedure and classification, consult the BNSS First Schedule through India Code. The Ministry of Home Affairs provides information on implementation of the new criminal laws.
This article is for general legal information. Application to an individual case depends on the facts, evidence and law in force at the relevant time.