Indian Penal Code 1860
Section 457 :
Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment:
(See section 331(2) and (4) of BNS 2023)
Classification of Offence:
Offence: Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment.
Punishment :Imprisonment for 5 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Offence: If the offence is theft.
Punishment :Imprisonment for 14 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Whoever commits lurking house-trespass by night, or house-breaking by night, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine;
and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.
State Amendment :
Uttar Pradesh :
Section 457 shall be renumbered as sub-section (1) of that section and after sub section (1) as so renumbered, the following sub-section shall be added namely :-
2) Whoever commits lurking house, trespass by night or house breaking by night in any idol or icon from such buildings, shall notwithstanding anything contained in sub section (1) be punished with rigorous imprisonment which shall not be less than three years but which may extend to fourteen years and with fine which shall not be less than five thousand rupees :
Provided that the Court may, for adequate and special reasons to be mentioned in the judgement, impose a sentense of imprisonment for a term of less than three years.
Tamil Nadu :
Section 457 of the principal Act shall be renumbered as sub-section (1), of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:-
“(2) Whoever commits lurking house-trespass by night or house-breaking by night in any building used as a place of worship, in order to the committing of the offence of theft of any idol or icon from such building, shall notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than three years but which may extend to fourteen years and with fine which shall not be less than five thousand rupees :
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years.”
[Vide Tamil Nadu Act 28 of 1993 Section 5]
