Section 457 IPC: Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment
Indian Penal Code, 1860
Section 457 IPC at a Glance
Section 457 IPC deals with lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment. It is non-bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 331(4) BNS.
Imprisonment of either description for a term which may extend to five years. Where the offence intended to be committed is theft, the term may extend to fourteen years.
Section 457 IPC Bare Act Text
457. Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment
Whoever commits lurking house-trespass by night, or house-breaking by night, 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 five 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 fourteen years.
Source: Section 457, 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 457 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 by night or house-breaking by night 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 fourteen 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 5].Section 457 IPC in Simple Words
Section 457 of the Indian Penal Code (IPC) punishes lurking house-trespass by night or house-breaking by night committed in order to commit an offence punishable with imprisonment. The punishment is imprisonment of either description for a term that may extend to five 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 fourteen years.
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.
The intended offence need not be accomplished. Where the same conduct occurs between sunrise and sunset, Section 454 IPC applies instead.
Ingredients of Section 457 IPC
- The accused committed lurking house-trespass under Section 443 IPC or house-breaking under Section 445 IPC
- The entry or remaining occurred after sunset and before sunrise, constituting lurking house-trespass by night under Section 444 IPC or house-breaking by night under Section 446 IPC
- The offence was committed in order to commit an offence punishable with imprisonment
- For the enhanced term of up to fourteen years, the offence intended to be committed was theft
Punishment Under Section 457 IPC
Imprisonment of either description for a term which may extend to five years. Where the offence intended to be committed is theft, the term may extend to fourteen 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 by night in order to commit an imprisonable offence carries imprisonment up to five years and liability to fine; if the offence intended is theft, the term may extend to fourteen years and liability to fine.
Example of Section 457 IPC
When Section 457 IPC Does Not Apply
- The lurking house-trespass or house-breaking in order to commit an imprisonable offence took place during daytime between sunrise and sunset, which is governed by Section 454 IPC.
- The nocturnal lurking house-trespass or house-breaking was committed only to intimidate, insult, or annoy the occupant, or to commit an offence punishable solely with a fine, which is covered by Section 456 IPC.
- The intruder committed lurking house-trespass or house-breaking at night after making prior preparation to cause hurt, assault, or wrongful restraint, which attracts Section 458 IPC.
- The person entered the building lawfully with the occupant's permission and without any criminal intent required for criminal trespass under Section 441 IPC.
Section 457 IPC in the BNS
Section 457 IPC is now covered under Section 331(4) BNS.
Section 457 IPC corresponds to Section 331(4) BNS. Section 331(4) BNS consolidates the punishments for lurking house-trespass and house-breaking into a single provision. The basic punishment of imprisonment of either description up to five years, the enhanced punishment up to fourteen years where theft is intended, and liability to fine remain unchanged. In addition, Section 331(4) BNS incorporates the phrase after sunset and before sunrise directly into the provision.
View detailed comparison (IPC 457 vs BNS 331(4)) →FAQs on Section 457 IPC
What does Section 457 IPC provide?▼
Section 457 IPC punishes lurking house-trespass by night or house-breaking by night committed in order to commit an offence punishable with imprisonment.
What is the punishment under Section 457 IPC?▼
A person convicted under Section 457 IPC may be sentenced to imprisonment of either description for a term extending up to five years, and is also liable to fine. Where the intended offence is theft, the term of imprisonment may extend to fourteen years, alongside liability to fine.
Is an offence under Section 457 IPC bailable?▼
No. The First Schedule to the Code of Criminal Procedure classifies Section 457 IPC as cognizable and non-bailable on both limbs, meaning bail cannot be demanded as a matter of right and release rests with the court.
Which court tries an offence under Section 457 IPC?▼
An offence under Section 457 IPC is triable by a Magistrate of the first class, both for the basic five-year offence and for the fourteen-year theft limb.
Can an offence under Section 457 IPC be compounded?▼
No. Section 457 IPC is omitted from Section 320 CrPC, so it cannot be compounded under any circumstances.
Must the intended imprisonable offence be completed for Section 457 IPC to apply?▼
No. Section 457 IPC punishes the nocturnal intrusion carried out with the requisite intent; completing the intended crime is not a statutory prerequisite.
Where is Section 457 IPC placed in the Bharatiya Nyaya Sanhita?▼
It is placed in Section 331(4) BNS, under Chapter XVII, Of Offences Against Property.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·