IPC Section 459
Section 459 IPC – House-trespass in order to commit an offence
Core idea:
This section deals with a person who trespasses into a building or place with the intent to commit an offence, whether that offence is theft, robbery, or any other crime.
It is about the intention at the time of trespass, not just the trespassing itself.
🔹 The Law (in essence)
Whoever enters a building or enclosed place with intent to commit an offence (e.g., theft, mischief, or other criminal act)
Or remains in such a place knowing that he entered with a criminal intent,
Commits house-trespass under Section 459 IPC.
“Building” = includes any structure, house, shop, office, or even a tent.
“Enclosed place” = any place surrounded partially or fully (like a fenced area, warehouse, etc.).
🔹 Punishment
If the offence intended is theft:
→ Punishable under Section 459 IPC in combination with Section 380 IPC (theft in dwelling house).
General punishment:
→ Imprisonment up to 3 years, or
→ Fine, or
→ Both.
If the intended offence is robbery, dacoity, or grievous crime, other sections like Section 460 IPC may apply with higher punishment.
🔹 Key Elements
To establish house-trespass under Section 459 IPC, the prosecution must prove:
Entry or remaining: The accused entered or stayed in a building or enclosed place.
Intent to commit offence: At the time of entry, the accused intended to commit a crime (theft, mischief, etc.).
Knowledge: The accused knew that entering without permission was illegal.
Mere trespass without criminal intent is a different offence (Section 441 IPC – Criminal Trespass).
🔹 Examples
A breaks into a shop intending to steal electronics. → Section 459 + Section 380 IPC applies.
B enters a house secretly at night intending to commit mischief (like breaking windows). → Section 459 applies.
C enters a friend’s home with permission but then steals a laptop. → Not Section 459 (entry was lawful), but theft applies.
🔹 Relation with other sections
Section 441 IPC: Criminal trespass (without criminal intent).
Section 460 IPC: House-trespass after preparation for more serious offences (robbery/dacoity).
Section 380 IPC: Theft in dwelling house (often read with Section 459).
Section 457 IPC: Lurking house-trespass or house-breaking at night (more severe than daytime trespass).
🔹 Quick Recap
Section 459 IPC = Trespassing into a building or enclosed place with criminal intent.
Key element: Intent to commit offence at the time of entry.
Punishment: Up to 3 years imprisonment, fine, or both.
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