Lurking House Trespass in the Indian Penal Code
Lurking House Trespass in IPC
In IPC, “lurking house trespass” refers to a situation where a person enters a dwelling or enclosed property secretly, usually with the intent to commit an offense, like theft, assault, or criminal mischief.
It is covered under Section 454 IPC.
1. Legal Provision
Section 454 IPC:
“Whoever commits lurking house trespass, or house-breaking by night, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine if the offense is committed with intent to commit an offense punishable with imprisonment.”
2. Key Definitions
Lurking House Trespass:
Entering a house secretly or stealthily, without permission.
Often done at night, but can apply in daytime if done secretly.
House:
Includes any building, structure, or enclosed place used as a residence or habitation.
Intent:
Must have intent to commit a crime, e.g., theft, assault, mischief.
Mere unauthorized entry without criminal intent may fall under Section 447 (Criminal Trespass).
House-breaking by night:
Entering by force or fraud during nighttime, considered more dangerous because it threatens safety.
3. Ingredients of the Offense (Section 454 IPC)
| Ingredients | Explanation |
|---|---|
| Entry | Person must enter a house or enclosed property. |
| Lurking or secret | Entry must be stealthy or concealed, not openly. |
| Intent | Must have intent to commit an offense punishable under IPC. |
| Without consent | Entry must be unauthorized. |
| Time (optional) | Nighttime increases severity; house-breaking at night is specifically mentioned. |
4. Punishment
Imprisonment: Up to 7 years.
Fine: Court may impose fine in addition to imprisonment.
Note: Punishment applies only if intent to commit another offense exists.
5. Difference from Other Sections
| Section | Crime | Key Difference |
|---|---|---|
| 447 IPC | Criminal Trespass | Entry without permission; intent to commit crime not necessary |
| 454 IPC | Lurking House Trespass / House-breaking by night | Entry must be secret + criminal intent |
| 457 IPC | Lurking house trespass at night | Applies specifically at night, punishment up to 10 years |
6. Case Laws
State of Maharashtra vs. Damu (1962)
Entry was secret and with intent to steal → convicted under Section 454 IPC.
Court clarified secret entry + intent = Section 454, even if theft not completed.
Ramprasad vs. State of UP (1979)
Burglary at night → Section 457 applied.
Court distinguished house-breaking by night vs. daytime trespass.
Kishan vs. State of Rajasthan (1984)
Conviction upheld under 454 IPC when accused entered dwelling secretly with intent to assault.
Sukhdeo Singh vs. State of Punjab (1967)
Entry without permission, but intent to commit crime missing → cannot invoke Section 454; only Section 447 applies.
7. Summary Table
| Aspect | Details |
|---|---|
| IPC Section | 454 |
| Crime | Lurking house trespass / house-breaking by night |
| Key Ingredients | Secret entry, house, intent to commit crime, without consent |
| Punishment | Imprisonment up to 7 years + fine |
| Related Sections | 447 (Criminal Trespass), 457 (House-breaking at night) |
| Important Case Laws | State of Maharashtra vs. Damu, Ramprasad vs. UP, Kishan vs. Rajasthan, Sukhdeo Singh vs. Punjab |
✅ Key Point:
Secret entry + criminal intent = Section 454 IPC.
No intent = only trespass under Section 447 IPC.
Nighttime + secret entry = Section 457 IPC, more severe punishment.
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