Section 444 IPC: Lurking house-trespass by night

Indian Penal Code, 1860

Section 444 IPC at a Glance

Section 444 IPC deals with lurking house-trespass by night. It has no direct equivalent in the BNS.

Punishment

None. Section 444 IPC is a definition and prescribes no sentence of its own. Punishments were provided by Section 456 IPC, Section 457 IPC, Section 458 IPC and Section 460 IPC.

Section 444 IPC Bare Act Text

444. Lurking house-trespass by night

Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit "lurking house-trespass by night".

Source: Section 444, Indian Penal Code, 1860

Section 444 IPC in Simple Words

Section 444 of the Indian Penal Code (IPC) defines lurking house-trespass by night. It applies when a person commits lurking house-trespass as defined in Section 443 IPC after sunset and before sunrise.

Section 444 IPC is solely a definition provision and prescribes no punishment. Substantive offences and penalties for committing lurking house-trespass by night were provided under Section 456 IPC, Section 457 IPC, Section 458 IPC and Section 460 IPC.

Because Section 444 IPC is a definition section and creates no substantive offence, it has no entry in the First Schedule to the Code of Criminal Procedure, 1973, and compounding under Section 320 CrPC does not apply.

Ingredients of Section 444 IPC

  • The commission of lurking house-trespass as defined in Section 443 IPC
  • The lurking house-trespass was committed after sunset and before sunrise

Punishment Under Section 444 IPC

Imprisonment

None. Section 444 IPC is a definition and prescribes no sentence of its own. Punishments were provided by Section 456 IPC, Section 457 IPC, Section 458 IPC and Section 460 IPC.

Fine

None. Section 444 IPC prescribes no fine.

Section 444 IPC defines lurking house-trespass by night and carries no independent penalty. Sentences were prescribed by Section 456 IPC and related aggravated provisions.

Example of Section 444 IPC

At midnight in 2020 in Coimbatore, after sunset and before sunrise, Dinesh crept into a textile showroom in the lawful possession of Gayathri, a building used for the custody of silk garments, intending to commit mischief by damaging her stock. To conceal his house-trespass from Gayathri and her night watchman, both of whom had the right to exclude or eject him from the building, Dinesh crawled beneath the display counters in the dark. Dinesh committed lurking house-trespass by night within Section 444 IPC.

When Section 444 IPC Does Not Apply

  • Section 444 IPC does not apply when a person enters the premises at night openly without taking any precautions to conceal the house-trespass from someone entitled to exclude or eject the trespasser.
  • Section 444 IPC does not apply when the lurking house-trespass is committed during the day, between sunrise and sunset.
  • Section 444 IPC does not apply when the entry at night is made with the occupier's consent and without any intent to commit an offence or to intimidate, insult or annoy the person in possession.

Section 444 IPC in the BNS

Repealed - No equivalent in BNS

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.

FAQs on Section 444 IPC

What did Section 444 IPC define?▼

Section 444 IPC defined lurking house-trespass by night as lurking house-trespass committed after sunset and before sunrise.

Did Section 444 IPC prescribe any punishment?▼

No. Section 444 IPC was solely a definition section. Substantive punishment was prescribed under Section 456 IPC, Section 457 IPC, Section 458 IPC and Section 460 IPC.

Is Section 444 IPC bailable and cognizable?▼

Section 444 IPC has no classification in the First Schedule to the Code of Criminal Procedure, 1973 because it is a definition. Bail and cognizance were determined by the substantive charging section, such as Section 456 IPC, which is cognizable and non-bailable.

Can an offence under Section 444 IPC be compounded?▼

Section 444 IPC is not compoundable under Section 320 CrPC because it creates no separate substantive offence.

What is the statutory night window under Section 444 IPC?▼

The section covers lurking house-trespass committed after sunset and before sunrise.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·