Section 453 IPC: Punishment for lurking house-trespass or house-breaking

Indian Penal Code, 1860

Section 453 IPC at a Glance

Section 453 IPC deals with punishment for lurking house-trespass or house-breaking. It is non-bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 331(1) BNS.

Punishment

Imprisonment of either description for up to two years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 331(1) →

Section 453 IPC Bare Act Text

453. Punishment for lurking house-trespass or house-breaking

Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

Source: Section 453, Indian Penal Code, 1860

Section 453 IPC in Simple Words

Section 453 of the Indian Penal Code (IPC) prescribes the punishment for lurking house-trespass or house-breaking. The punishment is imprisonment of either description for a term which may extend to two years, and the offender is also liable to fine.

Lurking house-trespass is defined in Section 443 IPC, and house-breaking is defined in Section 445 IPC. The offence is cognizable and non-bailable, and it is triable by any Magistrate.

It is not listed in Section 320 CrPC, so it cannot be compounded.

Ingredients of Section 453 IPC

  • The accused committed house-trespass as defined in Section 442 IPC
  • The accused took precautions to conceal such house-trespass from someone who had a right to exclude or eject them, constituting lurking house-trespass
  • Alternatively, the accused committed house-breaking by effecting entrance or departure in one of the six ways specified in Section 445 IPC

Punishment Under Section 453 IPC

Imprisonment

Imprisonment of either description for up to two years.

Fine

The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Lurking house-trespass or house-breaking carries imprisonment of either description for up to two years, and liability to fine.

Example of Section 453 IPC

In 2016 in Shimla, Rekha occupied a wooden cottage as her dwelling. One morning, her former tenant Bhaskar crept into the cottage basement while Rekha was in the garden and hid behind stacked trunks so that Rekha, who had the right to eject him, would not spot him. Bhaskar had entered with the sole intention of insulting and intimidating Rekha when she came downstairs alone. By committing house-trespass while taking active precautions to conceal his presence from the occupant entitled to exclude him, Bhaskar committed lurking house-trespass during the daytime. Bhaskar is punishable under Section 453 IPC.

When Section 453 IPC Does Not Apply

  • Section 453 IPC does not apply when the unlawful entry happens on open land rather than inside a building, tent or vessel.
  • Section 453 IPC does not apply when the trespasser enters openly without taking any steps to hide from the occupant and without using any of the six methods of house-breaking under Section 445 IPC.
  • Section 453 IPC does not apply when a person enters the building without any intention to commit an offence or to intimidate, insult or annoy the person in possession.
  • Section 453 IPC does not apply when the lurking house-trespass or house-breaking is committed after sunset and before sunrise, which is governed by Section 456 IPC.

Section 453 IPC in the BNS

Section 453 IPC is now covered under Section 331(1) BNS.

Section 453 IPC corresponds to Section 331(1) BNS. Section 331(1) BNS consolidates the punishments for lurking house-trespass and house-breaking formerly spread across Section 453 to Section 460 IPC. The elements and the punishment of imprisonment of either description for up to two years and liability to fine remain unchanged.

View detailed comparison (IPC 453 vs BNS 331(1)) →

FAQs on Section 453 IPC

What does Section 453 IPC provide?▼

Section 453 IPC prescribes the punishment for lurking house-trespass or house-breaking where no more aggravated circumstance is charged.

What is the punishment under Section 453 IPC?▼

A person convicted under Section 453 IPC may be sentenced to imprisonment of either description for up to two years, and is also liable to fine.

Under Section 453 IPC, how are lurking house-trespass and house-breaking defined?▼

Lurking house-trespass is defined in Section 443 IPC as house-trespass committed after taking precautions to conceal it. House-breaking is defined in Section 445 IPC as house-trespass where entry or departure is made in one of six specified ways, such as through a window or by opening a lock.

Is an offence under Section 453 IPC bailable?▼

No. An offence under Section 453 IPC is non-bailable and cognizable according to the First Schedule to the Code of Criminal Procedure, 1973.

Which court tries an offence under Section 453 IPC?▼

An offence under Section 453 IPC is triable by any Magistrate.

Can an offence under Section 453 IPC be compounded?▼

No. Section 453 IPC is not listed in Section 320 CrPC, so it cannot be compounded.

Where is Section 453 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is placed in Section 331(1) BNS, under Chapter XVII, Of Offences Against Property.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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