IPC Section 457 – Lurking House-Trespass or House-Breaking by Night to Commit Offence

Section Overview

Section Number:

IPC Section 457

Section Title:

Lurking House-Trespass or House-Breaking by Night in Order to Commit Offence Punishable with Imprisonment

Act:

Indian Penal Code, 1860 (IPC)

Status:

Replaced under Bharatiya Nyaya Sanhita (BNS), 2023 with equivalent provisions addressing aggravated house trespass involving night-time intrusion and criminal intent.

Applicability:

IPC Section 457 applies when:

• A person commits lurking house-trespass OR house-breaking;

• The act is committed by night;

• The intention is to commit an offence punishable with imprisonment;

• The entry is into a dwelling house, place of worship, or property custody location;

• Criminal intent exists at the time of entry.

👉 Section 457 is an aggravated combination of night trespass + criminal intent.

Section Explanation

Simple Explanation (Plain English/Hinglish)

IPC Section 457 ka simple matlab hai ki agar koi vyakti raat ke waqt chupke se ya tod-phod karke kisi ghar ya protected jagah mein ghusta hai aur uska intention jail wali saza wala crime karna hota hai, to woh offence karta hai.

Simple words mein:

"Raat ko stealth ya breaking ke saath imprisonable crime karne ke intention se ghusna IPC 457 hai."

Legal Meaning

Section 457 applies when:

• Lurking house-trespass or house-breaking is committed; AND

• The act is done at night; AND

• The intention is to commit an offence punishable with imprisonment; AND

• Protected premises are involved.

Essential Ingredients

Lurking House-Trespass or House-Breaking

Entry must be:

• Secretive (lurking), OR

• Forced/deceptive.

 Night Time

Offence must occur:

• Between sunset and sunrise.

Criminal Intention

Intent must be to commit:

• Any offence punishable with imprisonment.

Protected Premises

Includes:

• Dwelling house;

• Place of worship;

• Property custody locations.

Why IPC Section 457 Is Important

This section:

• Protects homes during night-time vulnerability;

• Prevents planned burglary and intrusion;

• Ensures safety of residents;

• Acts as deterrence against stealth-based crimes.

Difference Between Sections 456 and 457

👉 Section 457 is more serious than Section 456 due to added criminal intent.

Punishment & Legal Classification

Punishment

IPC Section 457 provides:

• Imprisonment up to 5 years; AND

• Fine; OR

• Both.

Bailable / Non-Bailable

❌ Non-bailable

Cognizable / Non-Cognizable

✔ Cognizable

Compoundable

❌ Non-compoundable

Triable By

Sessions Court

IPC ↔ BNS Mapping

IPC Section

IPC Section 457

BNS Equivalent

Bharatiya Nyaya Sanhita includes corresponding provisions relating to:

• Night-time aggravated trespass;

• Lurking house trespass with criminal intent;

• Burglary-related offences.

Status

Concept retained under BNS.

Real-Life Examples

Example 1: Night Theft Planning

A person enters a house at night secretly intending to steal.

Section 457 applies.

Example 2: Breaking into Home to Commit Assault

A person breaks a door at night intending to assault occupants.

IPC 457 is attracted.

Example 3: Secret Entry for Criminal Activity

A person hides outside and enters a house at night to commit fraud or theft.

Section 457 applies.

Example 4: Planned Night Intrusion

A person enters a house at night with intent to commit robbery.

Offence under Section 457 is made out.

Landmark Judgments

Case Name:

Mathri v. State of Punjab

Court:

Supreme Court of India

Key Takeaway:

Criminal intent and method of entry are essential in aggravated trespass offences.

Case Name:

Ram Rattan v. State of Uttar Pradesh

Court:

Supreme Court of India

Key Takeaway:

Possession rights are strongly protected under criminal law.

Case Name:

State of Andhra Pradesh v. N. Venugopal

Court:

Supreme Court of India

Key Takeaway:

Nature of entry and intent determine severity of trespass offences.

Legal Insights

When Is Section 457 Applied?

Section 457 is used when:

• Night-time lurking or breaking occurs;

• Criminal intent exists;

• Entry is into protected premises;

• Imprisonable offence is intended.

Common Misuse Scenarios

Civil Property Disputes

Civil disputes wrongly treated as criminal trespass.

No Proof of Intent

No evidence of criminal purpose.

No Night Time Proof

Timing of offence not established.

Lawful Entry Misinterpreted

Authorized entry wrongly treated as offence.

Defenses Available

No Criminal Intent

No intention to commit imprisonable offence.

No Night Entry

Incident did not occur at night.

No Lurking or Breaking

Entry was open and authorized.

Mistake of Fact

Accused believed entry was lawful.