IPC Section 458: Lurking House-Trespass or House-Breaking by Night After Preparation for Hurt
Section 458 of the Indian Penal Code, 1860, punished lurking house-trespass or house-breaking by night when the offender had made preparation to cause hurt, assault, wrongful restraint, or fear of any of those acts. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS), is Section 331(6).
Text and meaning of IPC Section 458
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, assault, or 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.
In simple terms, this offence combines an aggravated form of unlawful entry at night with advance preparation to use or threaten violence or restraint. The prosecution must prove the legally required circumstances; the mere fact of entry at night does not by itself establish every element of Section 458.
Corresponding law: BNS Section 331(6)
Section 331(6) of the Bharatiya Nyaya Sanhita, 2023 addresses lurking house-trespass by night or house-breaking by night after preparation for causing hurt, assault, wrongful restraint, or fear of those acts. The maximum term is fourteen years, with liability to a fine. See the official India Code repository for the authoritative statutory text and amendments.
Important legal definitions
House-trespass
Under the former IPC Section 442, criminal trespass becomes house-trespass when it involves entry into or remaining in a building, tent, or vessel used as a human dwelling, place of worship, or place for custody of property. The corresponding BNS provisions are contained in Section 329.
Lurking house-trespass
Under former IPC Section 443, lurking house-trespass involves house-trespass where the offender takes precautions to conceal the trespass from a person entitled to exclude or eject the trespasser. The BNS addresses this concept in Section 330.
House-breaking
Under former IPC Section 445, house-breaking concerns house-trespass effected by specified methods of entry or exit, including certain unauthorized passages, openings or fastening arrangements. BNS Section 330 contains the corresponding definition.
By night
For the former IPC provisions, night refers to the period after sunset and before sunrise. The corresponding BNS definitions also distinguish the night-time form of the offence.
Hurt, assault and wrongful restraint
Hurt means causing bodily pain, disease or infirmity. Assault generally concerns gestures or preparation creating apprehension of imminent criminal force. Wrongful restraint concerns voluntary obstruction preventing a person from proceeding in a direction in which that person has a right to proceed. These terms have their own statutory elements and should not be treated as interchangeable.
Essential ingredients of the offence
- There is lurking house-trespass by night or house-breaking by night.
- The accused had made preparation for causing hurt, assault, wrongful restraint, or putting someone in fear of those acts.
- The preparation is connected with the house-trespass or house-breaking, as required by the statutory language.
- The necessary mental and factual elements are established by admissible evidence.
Actual injury is not a necessary ingredient. The statutory focus is on preparation. However, an allegation of preparation must be supported by evidence and cannot be assumed merely because the entry took place at night.
Punishment under IPC 458 and BNS 331(6)
The punishment may extend to fourteen years' imprisonment of either description, and the offender is also liable to a fine. The actual sentence depends on the facts, proof and applicable sentencing law.
Illustrative situations
- A person unlawfully enters a dwelling at night through a forced opening while carrying restraints prepared for use against an occupant. Depending on the evidence, the specified preparation may attract the aggravated provision.
- A person conceals a night-time house-trespass and has prepared to assault anyone who intervenes. The preparation, if proved, may be relevant even if no assault actually occurs.
- A person merely enters a building at night without proof of the prescribed preparation. Section 458 should not automatically be applied; another trespass provision may be relevant.
Comparison with related offences
| Former IPC section | Subject | Key distinction |
|---|---|---|
| 453 | Lurking house-trespass or house-breaking | No additional night-time or preparation requirement |
| 455 | Preparation for hurt, assault or restraint | Night-time element is not required |
| 456 | Lurking house-trespass or house-breaking by night | No specified preparation required |
| 457 | Night entry to commit imprisonable offence | Focus on intended offence |
| 458 | Night entry after preparation for hurt, assault or restraint | Preparation is central to the aggravated offence |
Frequently asked questions
What is the punishment under IPC Section 458?
Imprisonment of either description for up to fourteen years and a fine.
What is the corresponding provision under BNS?
Section 331(6) of the Bharatiya Nyaya Sanhita, 2023 addresses lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint.
Does Section 458 require actual hurt?
No. The provision concerns the specified preparation accompanying lurking house-trespass or house-breaking by night; actual hurt is not a necessary ingredient.
Official legal references
Consult the India Code portal for the Bharatiya Nyaya Sanhita, 2023, Indian Penal Code, 1860, and Bharatiya Nagarik Suraksha Sanhita, 2023. The Ministry of Home Affairs also publishes criminal-law implementation information. Check the latest official text before relying on any particular provision.