Indian criminal law | Updated 31 October 2026

IPC Section 460: Joint Liability for Death or Grievous Hurt During Night-Time House-Trespass

Section 460 of the Indian Penal Code, 1860 addresses the liability of persons jointly concerned in lurking house-trespass or house-breaking by night when one of them voluntarily causes, or attempts to cause, death or grievous hurt. The corresponding current provision is Section 331(8) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Meaning and scope of IPC Section 460

Section 460 is an aggravated offence concerning joint participation in lurking house-trespass by night or house-breaking by night. It is not limited to the individual who inflicts the injury: the statute expressly addresses every person jointly concerned in the underlying night-time trespass or breaking, provided the statutory conditions are satisfied.

Text and punishment under IPC Section 460

If, at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass by night or house-breaking by night, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Punishment: imprisonment for life, or imprisonment of either description for a term extending to ten years, together with liability to a fine. This is the statutory punishment range; sentencing depends on the facts, evidence and applicable law.

Essential ingredients of the offence

1. Night-time underlying offence: lurking house-trespass by night or house-breaking by night must be established.
2. Joint concern: the accused person must have been jointly concerned in committing that underlying offence; mere presence or association is not by itself sufficient.
3. Aggravating act: at the time of the underlying offence, a person guilty of it voluntarily caused, or attempted to cause, death or grievous hurt to someone.
4. Connection and proof: the prosecution must prove the statutory relationship between the participants, the night-time offence and the aggravating act through admissible evidence.

The provision covers an attempt to cause death or grievous hurt as well as the actual causing of such harm. Actual death is not indispensable where the statutory attempt element is proved.

Important statutory definitions

Criminal trespass and house-trespass

Under former IPC Sections 441 and 442, criminal trespass required entry upon or unlawful remaining on another's property with a specified criminal intent; house-trespass applied when that conduct concerned a dwelling, place of worship or place used for custody of property as described in the statute. The corresponding BNS provisions appear in Section 329.

Lurking house-trespass

Former IPC Section 443 concerned house-trespass committed after taking precautions to conceal the trespass from a person entitled to exclude or eject the trespasser. BNS Section 330 contains the corresponding definition.

House-breaking

Former IPC Section 445 specified particular methods of entering or leaving while committing house-trespass, including certain openings, passages, locks, criminal force or threats. BNS Section 330 addresses house-breaking. Unauthorized entry alone does not automatically satisfy these additional elements.

Meaning of night

For these statutory offences, night is defined by reference to the period after sunset and before sunrise, not simply the hours when a place is dark. The relevant IPC night-time definitions were in Sections 444 and 446; the BNS consolidates the corresponding definitions in Section 330.

Grievous hurt

Former IPC Section 320 listed the kinds of harm constituting grievous hurt, including permanent loss of sight or hearing, fracture or dislocation of a bone or tooth, and other specified serious injuries. The corresponding definition appears in BNS Section 116. Whether an injury falls within the statutory definition is an evidentiary and medical question.

Current corresponding provision: BNS Section 331(8)

Section 331(8) of the Bharatiya Nyaya Sanhita, 2023 deals with joint liability when, during lurking house-trespass by night or house-breaking by night, a participant voluntarily causes or attempts to cause death or grievous hurt. The prescribed punishment remains imprisonment for life, or imprisonment of either description up to ten years, and fine.

Why joint liability matters

The distinguishing feature of Section 460 is that the law can extend punishment to every person jointly concerned in the qualifying night-time house-trespass or house-breaking, even if only one participant caused or attempted the specified harm. The prosecution must nevertheless establish the statutory conditions for each accused; this is not automatic liability for every person who happens to be nearby.

Illustrative examples

Example 1: Two people jointly carry out house-breaking by night. During the incident, one voluntarily causes grievous hurt to an occupant. If the elements are proved, the joint-liability provision may apply to both participants.

Example 2: Several people jointly commit lurking house-trespass by night. One attempts to kill a resident but fails. The statute may still be attracted because an attempt to cause death is expressly covered.

Example 3: A person is found near the property but there is no proof that the person was jointly concerned in the night-time trespass or breaking. Mere proximity would not establish the specific joint-participation requirement.

Distinction from related offences

IPC Section 459 addresses an offender who causes grievous hurt or attempts to cause death or grievous hurt while committing lurking house-trespass or house-breaking. IPC Section 460 specifically addresses persons jointly concerned in the night-time offence where one participant commits the aggravating act. The two provisions should not be treated as interchangeable.

IPC Section 458 concerns preparation for hurt, assault or wrongful restraint in connection with night-time lurking house-trespass or house-breaking; it does not require the same actual or attempted death/grievous-hurt element as Section 460.

Investigation, bail and trial

For current cases, questions of cognizability, bail, investigation and the court competent to try the offence should be checked against the First Schedule and applicable provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), with any relevant transitional rules. Additional charges, if supported by the facts, may affect the procedural position. A court determines liability on the evidence in the particular case.

Frequently asked questions

What is the punishment under IPC Section 460?

Imprisonment for life, or imprisonment of either description up to ten years, and liability to a fine.

What is the BNS equivalent of IPC Section 460?

Section 331(8) of the Bharatiya Nyaya Sanhita, 2023.

Must every participant personally cause grievous hurt?

No. The section expressly deals with persons jointly concerned in the night-time offence when one of the persons guilty of that offence voluntarily causes or attempts to cause death or grievous hurt. Joint participation and all other statutory requirements must be proved.

Does Section 460 require that someone actually die?

No. The wording also covers voluntarily causing grievous hurt, or attempting to cause death or grievous hurt, in the specified circumstances.

Official legal sources

Read the enacted statutes on the India Code official legislation portal (Indian Penal Code, 1860; Bharatiya Nyaya Sanhita, 2023; and Bharatiya Nagarik Suraksha Sanhita, 2023). The Ministry of Home Affairs provides official criminal-law implementation information. This article is general legal information, not a substitute for case-specific advice.