IPC Section 456
Section 456 IPC – Lurking house-trespass or house-breaking by night with intent to commit offense
This section deals with house trespass or house-breaking committed at night with the intent to commit a crime inside, even if the crime itself is not actually committed.
Main Provision
Whoever commits lurking house-trespass or house-breaking by night with the intent to commit an offense (such as theft, assault, or any other crime) is punishable under this section, even if the intended crime is not carried out.
“Night” generally means the period between sunset and sunrise, as understood in law.
Key Elements
Lurking House-Trespass or House-Breaking
House-trespass: Entering someone’s property without permission.
House-breaking: Forcibly entering a house or property.
“Lurking” implies sneaky or secret entry, showing criminal intent.
Time of Offense
Must occur at night, making the act more serious because it involves stealth and higher risk to occupants.
Intent to Commit Offense
The person must intend to commit a crime inside the house (like theft, robbery, or assault).
Even if they fail to commit the actual offense, the act of entering with criminal intent is punishable.
Punishment
Imprisonment for up to 3 years, or
Fine, or
Both.
Purpose of Section 456
Protects homes and properties from nocturnal intrusions.
Recognizes that entering a home at night with criminal intent is inherently dangerous, even if no crime is ultimately committed.
Example
A person climbs into a house at night intending to steal jewelry but is caught before taking anything.
They are guilty under Section 456 IPC.
If the same act happens during the day, Section 456 does not apply; ordinary house trespass provisions are used instead.
✅ In short:
Section 456 IPC punishes anyone who secretly enters or breaks into a house at night with the intention of committing a crime, regardless of whether the crime is completed.
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