IPC 444 in BNS: No Corresponding Section

What Happened to IPC 444?

Section 444 IPC has no direct counterpart in the Bharatiya Nyaya Sanhita and the official comparative layout lists it as deleted. The Sanhita omits a separate definition of lurking house-trespass by night. Instead, the words after sunset and before sunrise are written directly into the sentencing provisions of Section 331(2) BNS, Section 331(4) BNS, Section 331(6) BNS, and Section 331(8) BNS. The conduct remains fully criminalised, with Section 331(2) BNS prescribing imprisonment up to three years and liability to fine.

IPC 444 Is Repealed

Section 444 (Lurking house-trespass by night) of the Indian Penal Code, 1860 has been repealed and has no corresponding section in the Bharatiya Nyaya Sanhita, 2023.

Repealed. Section 444 IPC is deleted in the Bharatiya Nyaya Sanhita, which does not maintain a standalone definition of lurking house-trespass by night. Night-time lurking house-trespass is punished directly under Section 331(2) BNS, Section 331(4) BNS, Section 331(6) BNS, and Section 331(8) BNS.

What IPC 444 Means for Pending Cases

For Section 444 IPC (now Section REPEALED BNS): under the Bharatiya Nyaya Sanhita, the standalone definition of lurking house-trespass by night is repealed. Night-time lurking house-trespass is charged directly under Section 331(2) BNS or the aggravated provisions of Section 331 BNS for acts occurring after the Sanhita came into force.

FAQs: IPC 444

What changed regarding Section 444 IPC under the BNS?▼

The Bharatiya Nyaya Sanhita contains no standalone definition of lurking house-trespass by night, and the official comparative layout lists Section 444 IPC as deleted.

Where is night-time lurking house-trespass (Section 444 IPC) punished under the BNS?▼

The conduct is punished directly under Section 331(2) BNS, Section 331(4) BNS, Section 331(6) BNS, and Section 331(8) BNS, which incorporate the night window after sunset and before sunrise into the penalty provisions.

Which Code governs an act covered by Section 444 IPC and done before 1 July 2024?▼

The IPC applies. Under Section 358 BNS, liabilities incurred under the IPC prior to the commencement of the new Sanhita remain subject to the repealed Code.