Section Overview
Section Number:
IPC Section 460
Section Title:
All Persons Jointly Concerned in House-Trespass or House-Breaking by Night When Death or Grievous Hurt Is Caused
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023 with corresponding provisions addressing joint liability in violent group intrusion offences.
Applicability:
IPC Section 460 applies when:
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Two or more persons jointly commit lurking house-trespass or house-breaking by night;
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During the offence, any one of them causes:
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Death; OR
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Grievous hurt;
-
-
All participants share common intention or joint liability;
-
The act occurs in a dwelling house or protected premises.
👉 This section ensures collective responsibility for violent group intrusion.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 460 ka simple matlab hai ki agar ek group raat ke waqt kisi ghar mein ghuskar crime karta hai aur unmein se koi ek vyakti kisi ko maar deta hai ya bahut serious chot pahunchata hai, to poora group zimmedar hota hai.
Simple words mein:
"Group mein raat ko ghar mein ghuskar violent crime ho jaye to sab log responsible hote hain."
Legal Meaning
Section 460 applies when:
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House-trespass or house-breaking is committed by night; AND
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It is done jointly by two or more persons; AND
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One or more offenders cause death or grievous hurt; AND
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There is shared liability or common intention.
Essential Ingredients
Joint Participation
There must be:
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Two or more persons involved in trespass or house-breaking.
Night-Time Offence
The act must occur:
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Between sunset and sunrise.
Resulting Death or Grievous Hurt
At least one offender causes:
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Death OR grievous hurt.
Common Liability
All participants are held liable if they:
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Shared intention; OR
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Participated in the criminal act.
Why IPC Section 460 Is Important
This section:
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Prevents group-based violent home invasions;
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Ensures collective accountability;
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Deters gang-related burglary and violence;
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Strengthens public safety and law enforcement response.
Difference Between Section 459 and 460
| IPC 459 | IPC 460 |
|---|---|
| Individual violent trespass | Group violent trespass |
| One offender | Multiple offenders |
| Liability mainly individual | Joint liability applies |
| Death/grievous hurt by accused | Same but in group context |
👉 Section 460 extends liability to all participants.
Punishment & Legal Classification
Punishment
IPC Section 460 provides:
-
Same punishment as Section 459 (i.e.):
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Life imprisonment OR up to 10 years; AND
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Fine.
-
Bailable / Non-Bailable
❌ Non-bailable
Cognizable / Non-Cognizable
✔ Cognizable
Compoundable
❌ Non-compoundable
Triable By
Sessions Court
IPC ↔ BNS Mapping
IPC Section
IPC Section 460
BNS Equivalent
Bharatiya Nyaya Sanhita includes corresponding provisions on:
-
Group liability in violent intrusion;
-
Joint criminal liability;
-
Aggravated house trespass causing death or grievous hurt.
Status
Concept retained under BNS.
Real-Life Examples
Example 1: Group Robbery with Murder
A group enters a house at night; one member kills the occupant.
Section 460 applies to all.
Example 2: Gang Break-in Causing Grievous Hurt
Multiple offenders break into a house; one injures residents.
All are liable under IPC 460.
Example 3: Night Home Invasion by Group
A group enters a home with weapons; violence occurs.
Section 460 is attracted.
Example 4: Coordinated Burglary Gone Violent
A planned group burglary leads to grievous injury.
All participants are responsible.
Landmark Judgments
Case Name:
Krishna Govind Patil v. State of Maharashtra
Court:
Supreme Court of India
Key Takeaway:
Common intention and participation determine joint liability in group offences.
Case Name:
Mahbub Shah v. King-Emperor
Court:
Privy Council (Precedent still followed)
Key Takeaway:
Common intention must be proved for joint liability.
Case Name:
State of Andhra Pradesh v. Rayavarapu Punnayya
Court:
Supreme Court of India
Key Takeaway:
Distinction between different degrees of homicide and liability of co-offenders.
Legal Insights
When Is Section 460 Applied?
Section 460 applies when:
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Group trespass or house-breaking occurs;
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It is done at night;
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Violence leads to death or grievous hurt;
-
Common intention or participation is proven.
Common Misuse Scenarios
Presence Without Participation
Wrongly implicating bystanders.
Lack of Common Intention
No shared criminal plan.
Civil Disputes
Property disputes wrongly treated as criminal gang offence.
Misidentification
Wrong attribution of violent act to all members.
Defenses Available
No Common Intention
Accused did not share criminal intent.
No Participation
Accused was not actively involved.
No Knowledge of Crime
Lack of awareness of violent plan.
Mistake of Identity
Wrongly identified as participant.