Section 455 IPC: Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint
Indian Penal Code, 1860
Section 455 IPC at a Glance
Section 455 IPC deals with lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint. It is non-bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 331(5) BNS.
Imprisonment of either description for a term which may extend to ten years
Section 455 IPC Bare Act Text
455. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint
Whoever commits lurking house-trespass, or house-breaking, 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 or a term which may extend to ten years, and shall also be liable to fine.
Source: Section 455, Indian Penal Code, 1860
Section 455 IPC in Simple Words
Section 455 of the Indian Penal Code (IPC) punishes lurking house-trespass or house-breaking committed after making preparation for causing hurt, assault or wrongful restraint, or for putting any person in fear of hurt, assault or wrongful restraint. The offence carries imprisonment of either description for a term that may extend to ten years, and the offender is also liable to fine.
Lurking house-trespass requires taking precautions to conceal house-trespass from someone with a right to exclude or eject the intruder under Section 443 IPC, whereas house-breaking involves entry or exit through one of the six designated methods under Section 445 IPC. The preparation need not be put to use during the intrusion.
If the same offence is committed after sunset and before sunrise, Section 458 IPC applies instead.
Ingredients of Section 455 IPC
- The accused committed lurking house-trespass under Section 443 IPC or house-breaking under Section 445 IPC
- When committing the offence, 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
Punishment Under Section 455 IPC
Imprisonment of either description for a term which may extend to ten years
The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.
Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint carries imprisonment of either description up to ten years and liability to fine.
Example of Section 455 IPC
When Section 455 IPC Does Not Apply
- Section 455 IPC does not apply when the intruder commits simple house-trespass after preparing for hurt without concealing the entry or using any of the six methods of house-breaking, which falls under Section 452 IPC.
- Section 455 IPC does not apply when the lurking house-trespass or house-breaking is committed without any preparation for causing hurt, assault or wrongful restraint, or fear of those harms.
- Section 455 IPC does not apply when the lurking house-trespass or house-breaking after preparation for hurt takes place between sunset and sunrise, which is punishable under Section 458 IPC.
- Section 455 IPC does not apply when a person enters the premises with the consent of the occupant and without any criminal intent under Section 441 IPC.
Section 455 IPC in the BNS
Section 455 IPC is now covered under Section 331(5) BNS.
Section 455 IPC corresponds to Section 331(5) BNS. Section 331(5) BNS consolidates the punishments previously distributed across Sections 453 to 460 IPC into a single provision. The statutory elements, the term of imprisonment of either description up to ten years, and liability to fine remain unchanged.
View detailed comparison (IPC 455 vs BNS 331(5)) →FAQs on Section 455 IPC
What does Section 455 IPC provide?▼
Section 455 IPC punishes lurking house-trespass or house-breaking committed after making preparation for causing hurt, assault or wrongful restraint, or for putting any person in fear of those harms.
What is the punishment under Section 455 IPC?▼
A person convicted under Section 455 IPC may be sentenced to imprisonment of either description for a term which may extend to ten years, and is also liable to fine. Because imprisonment is mandated, a sentence of fine alone is not permissible.
Is an offence under Section 455 IPC bailable?▼
No. The First Schedule to the Code of Criminal Procedure classifies an offence under Section 455 IPC as cognizable and non-bailable, meaning an accused cannot claim bail as of right and release rests with the court.
Which court tries an offence under Section 455 IPC?▼
An offence under Section 455 IPC is triable by a Magistrate of the first class.
Can an offence under Section 455 IPC be compounded?▼
No. Section 455 IPC is not mentioned in Section 320 CrPC, so it cannot be compounded under any circumstances.
Must the prepared hurt or assault be carried out for Section 455 IPC to apply?▼
No. Section 455 IPC punishes the aggravated trespass accompanied by preparation for hurt or assault; actual execution of the violent act or infliction of injury is not required.
Where is Section 455 IPC placed in the Bharatiya Nyaya Sanhita?▼
It is placed in Section 331(5) BNS, under Chapter XVII, Of Offences Against Property.
Have questions about Section 455 IPC?
Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.
Ask NyayGuru →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: 17 Oct 2026 ·