Indian Penal Code, 1860 · Chapter XVII: Of Offences against Property · Of criminal trespass
Section 459: Grievous hurt caused whilst committing lurking house-trespass or house-breaking
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
In plain words
Causing grievous hurt, or attempting to cause death or grievous hurt, while committing lurking house-trespass or house-breaking is punishable with imprisonment for life or imprisonment of either description for up to ten 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, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with [imprisonment for life], or imprisonment of either description for a term which may extend to ten 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 459
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Daljit Singh v. State of Haryana & Anr.
Issue arose as regards the order passed by the High Court refusing to quash the complaint, summoning order and order declaring the appellant a proclaimed offender passed by the Magistrate; whether the proclaimed…
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State of Haryana v. Dharamraj
In instant appeal, the State seeks cancellation of anticipatory bail granted to the sole respondent by the Single Judge of the High Court.