Section 456 IPC: Punishment for lurking house-trespass or house-breaking by night

Indian Penal Code, 1860

Section 456 IPC at a Glance

Section 456 IPC deals with punishment for lurking house-trespass or house-breaking by night. It is non-bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 331(2) BNS.

Punishment

Imprisonment of either description for a term which may extend to three years

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

Section 331(2) →

Section 456 IPC Bare Act Text

456. Punishment for lurking house-trespass or house-breaking by night

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

Source: Section 456, Indian Penal Code, 1860

Section 456 IPC in Simple Words

Section 456 of the Indian Penal Code (IPC) prescribes the base punishment for lurking house-trespass by night or house-breaking by night: imprisonment of either description for a term extending up to three years, and the offender is also liable to fine. Under Sections 444 and 446 IPC, by night means after sunset and before sunrise.

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. Higher penalties apply if the nocturnal intrusion is committed to execute an imprisonable offence under Section 457 IPC or after preparation for causing hurt under Section 458 IPC.

Ingredients of Section 456 IPC

Punishment Under Section 456 IPC

Imprisonment

Imprisonment of either description for a term which may extend to three 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 by night or house-breaking by night carries imprisonment of either description up to three years and liability to fine.

Example of Section 456 IPC

In 2015 in Guwahati, Nirmala occupied a two-storey building as her dwelling. Late one night, after sunset and before sunrise, her dismissed clerk Bimal used a metal wire to open the padlock on the ground-floor porch door and crept inside the building. Bimal hid in a dark alcove beneath the stairs so Nirmala could not detect him, intending to shout humiliating insults at her before dawn. Opening a lock to enter a dwelling and hiding from the occupant entitled to exclude him between sunset and sunrise constituted house-breaking by night and lurking house-trespass by night. Bimal is punishable under Section 456 IPC.

When Section 456 IPC Does Not Apply

  • Section 456 IPC does not apply when the lurking house-trespass or house-breaking takes place during the daytime between sunrise and sunset, which falls under Section 453 IPC.
  • Section 456 IPC does not apply when the intruder enters a building at night openly without concealing the trespass and without using any of the six methods of house-breaking, which falls under Section 448 IPC.
  • Section 456 IPC does not apply when the nocturnal lurking house-trespass or house-breaking is committed in order to commit an offence punishable with imprisonment under Section 457 IPC or after preparation for hurt under Section 458 IPC.
  • Section 456 IPC does not apply when a person enters the building with the consent of the person in possession and without any criminal intent.

Section 456 IPC in the BNS

Section 456 IPC is now covered under Section 331(2) BNS.

Section 456 IPC corresponds to Section 331(2) BNS. Section 331(2) BNS consolidates the punishments for lurking house-trespass and house-breaking into a single provision. The statutory punishment of imprisonment of either description for a term extending up to three years, alongside liability to fine, remains unchanged. In addition, Section 331(2) BNS incorporates the phrase after sunset and before sunrise directly into the text.

View detailed comparison (IPC 456 vs BNS 331(2)) →

FAQs on Section 456 IPC

What does Section 456 IPC provide?▼

Section 456 IPC prescribes the punishment for lurking house-trespass by night or house-breaking by night where no higher aggravated circumstance applies.

What is the punishment under Section 456 IPC?▼

A person convicted under Section 456 IPC may be punished with imprisonment of either description for a term extending up to three years, and is also liable to fine. Because imprisonment is mandated by law, imposing a fine alone is not permissible.

Is an offence under Section 456 IPC bailable?▼

No. The First Schedule to the Code of Criminal Procedure classifies Section 456 IPC as cognizable and non-bailable, meaning bail cannot be claimed as a matter of right and release rests with the court.

Which court tries an offence under Section 456 IPC?▼

An offence under Section 456 IPC is triable by any Magistrate.

Can an offence under Section 456 IPC be compounded?▼

No. Section 456 IPC does not appear in Section 320 CrPC, which means the offence cannot be compounded under any circumstances.

What counts as by night under Section 456 IPC?▼

By night means the period between sunset and sunrise on that date, as defined in Sections 444 and 446 IPC. It is determined by actual solar time rather than a fixed clock reading.

Where is Section 456 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is placed in Section 331(2) 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 ·