Section 454 IPC: Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment

Indian Penal Code, 1860

Section 454 IPC at a Glance

Section 454 IPC deals with lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment. It is non-bailable and cognizable; from 1 July 2024 it is replaced by Section 331(3) BNS.

Punishment

Imprisonment of either description for a term which may extend to three years. Where the offence intended to be committed is theft, the term may extend to ten years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate for the basic offence; Magistrate of the first class if the offence intended is theft ⓘ
BNS Equivalent

Section 331(3) →

Section 454 IPC Bare Act Text

454. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment

Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.

Source: Section 454, Indian Penal Code, 1860

State amendments — these apply only in the States named below, not to the rest of India

State of Tamil Nadu: Section 454 of the principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely: "(2) Whoever commits lurking house-trespass or house-breaking in any building used as a place of worship, in order to the committing of the offence of theft of any idol or icon from such building, shall notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than three years but which may extend to ten years and with fine which shall not be less than five thousand rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years". [Vide Tamil Nadu Act No. 28 of 1993, section 4].

Section 454 IPC in Simple Words

Section 454 of the Indian Penal Code (IPC) punishes lurking house-trespass or house-breaking committed in order to commit an offence punishable with imprisonment. The punishment is imprisonment of either description for a term which may extend to three years, and the offender is also liable to fine; if the offence intended to be committed is theft, the term of imprisonment may extend to ten years.

The offence is cognizable and non-bailable. It is triable by any Magistrate for the basic offence, or by a Magistrate of the first class if the intended offence is theft.

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

Ingredients of Section 454 IPC

  • The accused committed lurking house-trespass as defined in Section 443 IPC or house-breaking as defined in Section 445 IPC
  • The lurking house-trespass or house-breaking was committed in order to the committing of an offence punishable with imprisonment
  • For the enhanced term of up to ten years, the offence intended to be committed was theft

Punishment Under Section 454 IPC

Imprisonment

Imprisonment of either description for a term which may extend to three years. Where the offence intended to be committed is theft, the term may extend to ten 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 for the basic offence; Magistrate of the first class if the offence intended is theft ⓘ

Lurking house-trespass or house-breaking to commit an imprisonable offence carries imprisonment up to three years and liability to fine; if the offence intended is theft, the term may extend to ten years and liability to fine.

Example of Section 454 IPC

In 2020 in Madurai, Sundaram possessed a locked brick godown used for storing sacks of cardamom. One morning after sunrise, Karthik climbed onto the godown roof, pried apart several clay tiles to create an opening, and dropped inside with the intention of stealing cardamom sacks. Theft was an offence punishable with imprisonment. Entering a building through a passage made by the intruder himself constituted house-breaking. Even though Sundaram's clerk heard the noise and locked Karthik inside until the police arrived, Karthik committed house-breaking in order to commit theft. Karthik is punishable under Section 454 IPC.

When Section 454 IPC Does Not Apply

  • Section 454 IPC does not apply when the trespasser enters the building openly without concealing the intrusion and without using any of the six methods of house-breaking.
  • Section 454 IPC does not apply when the lurking house-trespass or house-breaking is committed only to insult or annoy the occupant rather than to commit an offence punishable with imprisonment.
  • Section 454 IPC does not apply when the intrusion takes place on open land rather than inside a building, tent or vessel used as a dwelling, place of worship or place for storing property.
  • Section 454 IPC does not apply when the lurking house-trespass or house-breaking to commit an imprisonable offence occurs after sunset and before sunrise, which falls under Section 457 IPC.

Section 454 IPC in the BNS

Section 454 IPC is now covered under Section 331(3) BNS.

Section 454 IPC corresponds to Section 331(3) BNS. Section 331(3) BNS consolidates the punishments for lurking house-trespass and house-breaking. The elements, the three-year term for imprisonable offences, the ten-year term where theft is intended, and liability to fine remain unchanged.

View detailed comparison (IPC 454 vs BNS 331(3)) →

FAQs on Section 454 IPC

What does Section 454 IPC provide?▼

Section 454 IPC punishes lurking house-trespass or house-breaking committed in order to commit an offence punishable with imprisonment.

What is the punishment under Section 454 IPC?▼

A person convicted under Section 454 IPC may be sentenced to imprisonment of either description for up to three years, and is also liable to fine. Where the offence intended is theft, imprisonment may extend to ten years, with liability to fine.

Is an offence under Section 454 IPC bailable?▼

No. An offence under Section 454 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 454 IPC?▼

An offence under Section 454 IPC is triable by any Magistrate for the basic offence, or by a Magistrate of the first class if the offence intended is theft.

Can an offence under Section 454 IPC be compounded?▼

No. Section 454 IPC is not listed in Section 320 CrPC, so it cannot be compounded.

Must the intended offence be completed for Section 454 IPC to apply?▼

No. Section 454 IPC requires only that the lurking house-trespass or house-breaking was committed in order to commit the imprisonable offence; completing that offence is not an ingredient.

Where is Section 454 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is placed in Section 331(3) 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 ·