IPC 457 to BNS 331(4): Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment
Section 457 IPC (1860) replaced by Section 331(4) BNS (2023)
IPC 457 to BNS 331(4) at a Glance
Section 457 IPC (Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment) is now Section 331(4) 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 457 to BNS 331(4)?
Section 457 IPC corresponds to Section 331(4) BNS. Section 331 BNS consolidates the punishments for lurking house-trespass and house-breaking into a single provision. The basic punishment of imprisonment of either description up to five years, the enhanced punishment up to fourteen years where theft is intended, and liability to fine remain unchanged. In addition, Section 331(4) BNS incorporates the phrase after sunset and before sunrise directly into the provision.
IPC 457 vs BNS 331(4): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 457 | 331(4) |
| Offence | Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment | Same |
| Punishment | Imprisonment of either description for a term which may extend to five years. Where the offence intended to be committed is theft, the term may extend to fourteen years. | Same |
| Fine | The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Magistrate of the first class | Same |
IPC 457 and BNS 331(4): Bare Act Text Side by Side
Section 457, IPC 1860
Section 331(4), BNS 2023
Ingredients: IPC 457 vs BNS 331(4)
- The accused committed lurking house-trespass under Section 443 IPC or house-breaking under Section 445 IPC
- The entry or remaining occurred after sunset and before sunrise, constituting lurking house-trespass by night under Section 444 IPC or house-breaking by night under Section 446 IPC
- The offence was committed in order to commit an offence punishable with imprisonment
- For the enhanced term of up to fourteen years, the offence intended to be committed was theft
- Commission of lurking house-trespass as defined in Section 330(1) BNS or house-breaking as defined in Section 330(2) BNS
- The offence was committed after sunset and before sunrise in order to commit an offence punishable with imprisonment
- Where the offence intended to be committed is theft, the term of imprisonment may extend to fourteen years
What IPC 457 to BNS 331(4) Means for Pending Cases
FAQs: IPC 457 to BNS 331(4)
What changed from Section 457 IPC to Section 331(4) BNS?▼
The offence and penalties are unchanged. Section 331(4) BNS reproduces Section 457 IPC as the fourth sub-section of a consolidated provision, embedding the words after sunset and before sunrise directly into the text.
Where does Section 457 IPC sit in the Bharatiya Nyaya Sanhita?▼
It sits in Section 331(4) BNS, in Chapter XVII, Of Offences Against Property, under the sub-heading Of Criminal Trespass.
Does Section 457 IPC or Section 331(4) BNS apply to an act done before 1 July 2024?▼
Section 457 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 457 IPC. Section 331(4) 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: 16 Oct 2026 ·