Indian Penal Code, 1860 · Chapter XVII: Of Offences against Property · Of criminal trespass
Section 458: Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
Lurking house-trespass or house-breaking by night after preparing to cause hurt, assault or wrongful restraint, or fear of these, is punishable with imprisonment of either description for up to fourteen years, and a fine.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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, or of assault, or of 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 458
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Maniklal Sahu v. State of Chhattisgarh
Whether the High Court committed any error in bringing the case within the ambit of “attempt to commit murder” punishable u/s.307 IPC on the ground that the deceased-R died after a period of nine months from the date of…
- Sandeep Kumar v. The State of Haryana & Anr.
- Zakia Ahsan Jafri v. State of Gujarat & Anr.
- Rishipal Singh v. State of U.P. & Anr.
- Neku Khan & Ors. v. State of Rajasthan
- State of Rajasthan v. Gulab Singh and Ors.
- Dr. Monica Kumar & Anr. v. State of U. P. & Ors.
- Lt. Governor, NCT and Ors . v. Ved Prakash @ Vedu
- Lehna v. State of Haryana
- Keshab Narayan Banerjee and Ors. v. The State of Bihar
- Ram Chander and Ors. v. State of Haryana