IPC 460→BNS 331(8)

IPC 460 to BNS 331(8): All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them

Section 460 IPC (1860) replaced by Section 331(8) BNS (2023)

View IPC Section 460 →View BNS Section 331(8) →

IPC 460 to BNS 331(8) at a Glance

Section 460 IPC (All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them) is now Section 331(8) 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 460 to BNS 331(8)?

Section 460 IPC corresponds to Section 331(8) BNS. Section 331 BNS consolidates the punishments for lurking house-trespass and house-breaking into a single provision. The statutory punishment of imprisonment for life, or imprisonment of either description for a term extending up to ten years, alongside liability to fine, remains unchanged. In addition, Section 331(8) BNS incorporates the phrase after sunset and before sunrise directly into the provision in place of by night.

IPC 460 vs BNS 331(8): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section460331(8)
OffenceAll persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of themSame
PunishmentImprisonment for life, or with imprisonment 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 ByCourt of SessionSame

IPC 460 and BNS 331(8): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 460, IPC 1860

460. All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them.—If, at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass by night or house-breaking by night, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
BNS 2023 (in force)

Section 331(8), BNS 2023

If, at the time of the committing of lurking house-trespass or house-breaking after sunset and before sunrise, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Ingredients: IPC 460 vs BNS 331(8)

Under IPC 460
  1. Lurking house-trespass by night under Section 444 IPC or house-breaking by night under Section 446 IPC was being committed
  2. At the time of committing that offence, any person guilty of it voluntarily caused or attempted to cause death or grievous hurt to any person
  3. The accused was jointly concerned in committing that lurking house-trespass by night or house-breaking by night
Under BNS 331(8)
  1. Commission of lurking house-trespass as defined in Section 330(1) BNS or house-breaking as defined in Section 330(2) BNS after sunset and before sunrise by multiple persons jointly concerned
  2. At the time of committing the offence, any person guilty of such offence voluntarily causes or attempts to cause death or grievous hurt to any person
  3. Every person jointly concerned in the intrusion is subject to imprisonment for life, or imprisonment of either description up to ten years, and liability to fine

What IPC 460 to BNS 331(8) Means for Pending Cases

For Section 460 IPC (now Section 331(8) BNS): under Section 331(8) BNS, the elements and penalties remain unchanged from Section 460 IPC. A charge for an act done after the BNS came into force cites Section 331(8) BNS.

FAQs: IPC 460 to BNS 331(8)

What changed from Section 460 IPC to Section 331(8) BNS?▼

The offence and penalties are unchanged. Section 331(8) BNS reproduces Section 460 IPC as the eighth sub-section of a consolidated provision, embedding the words after sunset and before sunrise directly into the text.

Where does Section 460 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 331(8) BNS, in Chapter XVII, Of Offences Against Property, under the sub-heading Of Criminal Trespass.

Does Section 460 IPC or Section 331(8) BNS apply to an act done before 1 July 2024?▼

Section 460 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 460 IPC. Section 331(8) 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 ·