Indian criminal law | Updated 31 October 2026

IPC Section 456: Lurking House-Trespass or House-Breaking by Night

Section 456 of the Indian Penal Code, 1860 prescribed punishment for lurking house-trespass by night or house-breaking by night. The corresponding provision for conduct governed by the Bharatiya Nyaya Sanhita, 2023 is Section 331(2).

Text of Section 456 of the Indian Penal Code

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.

This is the substance of the original statutory provision. Section 456 is part of the former IPC framework; its continued relevance to earlier acts must be assessed with the applicable commencement and saving provisions.

Current law: Section 331(2) of the Bharatiya Nyaya Sanhita, 2023

The BNS came into force on 1 July 2024. Section 331(2) deals with lurking house-trespass by night or house-breaking by night and provides imprisonment of either description for a term that may extend to three years, and liability to fine. It is important not to confuse this with Section 331(1), which addresses lurking house-trespass or house-breaking without the additional night-time element.

Meaning of important legal terms

House-trespass

House-trespass is a form of criminal trespass involving entry into, or unlawful remaining in, a building, tent or vessel used as a human dwelling, a building used as a place of worship, or a place used for custody of property. The relevant definitions appear in IPC Sections 441 and 442 and the corresponding BNS provisions in Section 329.

Lurking house-trespass

Lurking house-trespass involves house-trespass committed after taking precautions to conceal the trespass from a person entitled to exclude or eject the trespasser. The definition is found in IPC Section 443 and BNS Section 330.

House-breaking

House-breaking refers to house-trespass effected through one of the legally specified modes of entry or exit, such as creating a passage, using a passage not intended for human entry, opening a lock, or using criminal force or threats in the circumstances defined by law. See IPC Section 445 and BNS Section 330.

By night

For these provisions, the statutory night-time period runs from sunset to sunrise. A court must consider the actual facts and applicable statutory definition rather than assuming that any late-evening incident automatically qualifies.

Essential ingredients of the offence

• The accused committed house-trespass and the facts satisfy the definition of lurking house-trespass or house-breaking.
• The conduct occurred during the legally relevant period between sunset and sunrise.
• The necessary intention and knowledge associated with criminal trespass and the particular mode of trespass are established by evidence.

Simply entering a property at night does not, by itself, establish lurking house-trespass or house-breaking. The prosecution must establish the specific statutory elements.

Punishment and comparison with related provisions

The comparison above concerns the former IPC sections; the current BNS provisions should be read separately for offences governed by the BNS.

Illustrative situations

Example 1: A person unlawfully enters a dwelling after sunset through a passage created for that purpose. If the facts meet the statutory definition of house-breaking, the night-time provision may apply.

Example 2: A person enters a dwelling unlawfully at night and takes precautions to conceal the entry from its lawful occupant. The facts may constitute lurking house-trespass by night if the other legal requirements are proved.

Example 3: A person walks through an unlocked door at night with no evidence of concealment or a legally defined mode of house-breaking. Night-time entry alone does not establish this particular offence, although other offences may require consideration.

Application of IPC and BNS after 1 July 2024

The BNS replaced the IPC for offences governed by the new enactment from 1 July 2024. The former IPC may continue to govern acts committed before commencement, subject to the relevant repeal and saving provisions and other applicable law. The date of the alleged conduct is therefore material.

Official legal sources

• India Code - official repository of Central Acts (consult the Indian Penal Code, 1860 and Bharatiya Nyaya Sanhita, 2023).
• Ministry of Home Affairs - criminal law enactments and implementation information.

Frequently asked questions

What is the punishment under IPC Section 456?

Imprisonment of either description for up to three years and liability to a fine.

Which BNS provision corresponds to IPC Section 456?

Section 331(2) of the Bharatiya Nyaya Sanhita, 2023.

Note: This article provides general legal information. The applicable offence, procedural classification and available remedies depend on the facts and the law in force at the relevant time.