IPC 458→BNS 331(6)

IPC 458 to BNS 331(6): Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint

Section 458 IPC (1860) replaced by Section 331(6) BNS (2023)

View IPC Section 458 →View BNS Section 331(6) →

IPC 458 to BNS 331(6) at a Glance

Section 458 IPC (Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint) is now Section 331(6) 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 458 to BNS 331(6)?

Section 458 IPC corresponds to Section 331(6) BNS. Section 331 BNS consolidates the punishments for lurking house-trespass and house-breaking into a single provision. The statutory punishment of imprisonment of either description for a term extending up to fourteen years, alongside liability to fine, remains unchanged. In addition, Section 331(6) BNS incorporates the phrase after sunset and before sunrise directly into the provision.

IPC 458 vs BNS 331(6): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section458331(6)
OffenceLurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraintSame
PunishmentImprisonment of either description for a term which may extend to fourteen 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 458 and BNS 331(6): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 458, IPC 1860

458. Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint.—Whoever commits lurking house-trespass by night, or house-breaking by night, 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 for a term which may extend to fourteen years, and shall also be liable to fine.
BNS 2023 (in force)

Section 331(6), BNS 2023

Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, 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 for a term which may extend to fourteen years, and shall also be liable to fine.

Ingredients: IPC 458 vs BNS 331(6)

Under IPC 458
  1. The accused committed lurking house-trespass under Section 443 IPC or house-breaking under Section 445 IPC
  2. 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
  3. Before the intrusion, 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(6)
  1. Commission of lurking house-trespass as defined in Section 330(1) BNS or house-breaking as defined in Section 330(2) BNS
  2. The offence occurred after sunset and before sunrise after making preparation for causing hurt, assault, or wrongful restraint, or putting any person in fear thereof
  3. Punishment of imprisonment of either description for a term up to fourteen years and liability to fine

What IPC 458 to BNS 331(6) Means for Pending Cases

For Section 458 IPC (now Section 331(6) BNS): under Section 331(6) BNS, the elements and penalties remain unchanged from Section 458 IPC. A charge for an act done after the BNS came into force cites Section 331(6) BNS.

FAQs: IPC 458 to BNS 331(6)

What changed from Section 458 IPC to Section 331(6) BNS?▼

The offence and penalties are unchanged. Section 331(6) BNS reproduces Section 458 IPC as the sixth sub-section of a consolidated provision, embedding the words after sunset and before sunrise directly into the text.

Where does Section 458 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 331(6) BNS, in Chapter XVII, Of Offences Against Property, under the sub-heading Of Criminal Trespass.

Does Section 458 IPC or Section 331(6) BNS apply to an act done before 1 July 2024?▼

Section 458 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 458 IPC. Section 331(6) 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 ·