IPC 455→BNS 331(5)

IPC 455 to BNS 331(5): Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint

Section 455 IPC (1860) replaced by Section 331(5) BNS (2023)

View IPC Section 455 →View BNS Section 331(5) →

IPC 455 to BNS 331(5) at a Glance

Section 455 IPC (Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint) is now Section 331(5) BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 455 to BNS 331(5)?

Section 455 IPC corresponds to Section 331(5) BNS. Section 331 BNS consolidates the punishments previously distributed across Sections 453 to 460 IPC into a single provision. The statutory elements, the term of imprisonment of either description up to ten years, and liability to fine remain unchanged.

IPC 455 vs BNS 331(5): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section455331(5)
OffenceLurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraintSame
PunishmentImprisonment of either description for a term which may extend to ten yearsSame
FineThe offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByMagistrate of the first classSame

IPC 455 and BNS 331(5): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 455, IPC 1860

455. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint.—Whoever commits lurking house-trespass, or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description or a term which may extend to ten years, and shall also be liable to fine.
BNS 2023 (in force)

Section 331(5), BNS 2023

Whoever commits lurking house-trespass, or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description or a term which may extend to ten years, and shall also be liable to fine.

Ingredients: IPC 455 vs BNS 331(5)

Under IPC 455
  1. The accused committed lurking house-trespass under Section 443 IPC or house-breaking under Section 445 IPC
  2. When committing the offence, the accused had made preparation for causing hurt to any person, assaulting any person, wrongfully restraining any person, or putting any person in fear of hurt, assault or wrongful restraint
Under BNS 331(5)
  1. Commission of lurking house-trespass as defined in Section 330(1) BNS or house-breaking as defined in Section 330(2) BNS
  2. Preparation made beforehand for causing hurt, assault, or wrongful restraint, or for putting any person in fear of hurt, assault, or wrongful restraint
  3. Punishment of imprisonment of either description for a term up to ten years and liability to fine

What IPC 455 to BNS 331(5) Means for Pending Cases

For Section 455 IPC (now Section 331(5) BNS): under Section 331(5) BNS, the elements and penalties remain unchanged from Section 455 IPC. A charge for an act done after the BNS came into force cites Section 331(5) BNS.

FAQs: IPC 455 to BNS 331(5)

What changed from Section 455 IPC to Section 331(5) BNS?▼

The offence and penalties are unchanged. Section 331(5) BNS reproduces Section 455 IPC as the fifth sub-section of a consolidated sentencing provision for lurking house-trespass and house-breaking.

Where does Section 455 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 331(5) BNS, in Chapter XVII, Of Offences Against Property, under the sub-heading Of Criminal Trespass.

Does Section 455 IPC or Section 331(5) BNS apply to an act done before 1 July 2024?▼

Section 455 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 455 IPC. Section 331(5) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 17 Oct 2026 ·