Section 458 IPC: Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint

Indian Penal Code, 1860

Section 458 IPC at a Glance

Section 458 IPC deals with lurking house-trespass or house-breaking by night 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(6) BNS.

Punishment

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

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 331(6) →

Section 458 IPC Bare Act Text

458. Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint

Whoever commits lurking house-trespass by night, or house-breaking by night, 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 for a term which may extend to fourteen years, and shall also be liable to fine.

Source: Section 458, Indian Penal Code, 1860

Section 458 IPC in Simple Words

Section 458 of the Indian Penal Code (IPC) punishes lurking house-trespass by night or house-breaking by night 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 extending up to fourteen 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.

The prepared harm need not be executed. Where the same offence is committed between sunrise and sunset, Section 455 IPC applies instead.

Ingredients of Section 458 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
  • Before the intrusion, 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 458 IPC

Imprisonment

Imprisonment of either description for a term which may extend to fourteen 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 ⓘ🏛️ Magistrate of the first class ⓘ

Lurking house-trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint carries imprisonment of either description up to fourteen years and liability to fine.

Example of Section 458 IPC

In Coimbatore in August 2021, around eleven at night between sunset and sunrise, Devendra went to the bungalow of his former partner Pranav carrying a wooden club and heavy tape, having made preparation to beat Pranav and tie his hands. Devendra prised open a bolted verandah shutter and stepped into the front hall. Two watchmen on duty heard the shutter splinter and overpowered Devendra in the passage before he could reach Pranav or use the club. Because Devendra committed house-breaking by night after making preparation for causing hurt and wrongful restraint, Devendra is punishable under Section 458 IPC.

When Section 458 IPC Does Not Apply

  • The lurking house-trespass or house-breaking after preparing to cause hurt, assault, or wrongful restraint occurred during the day between sunrise and sunset, which is covered by Section 455 IPC.
  • The intruder committed lurking house-trespass or house-breaking at night without having made any preparation for hurt, assault, wrongful restraint, or putting someone in fear of such harm, which falls under Section 456 or Section 457 IPC.
  • A person prepared to cause hurt, assault, or wrongful restraint but never committed lurking house-trespass or house-breaking by night.
  • The person entered the premises with the occupant's permission and without any criminal intent required for criminal trespass under Section 441 IPC.

Section 458 IPC in the BNS

Section 458 IPC is now covered under Section 331(6) BNS.

Section 458 IPC corresponds to Section 331(6) BNS. Section 331(6) 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 fourteen years, alongside liability to fine, remains unchanged. In addition, Section 331(6) BNS incorporates the phrase after sunset and before sunrise directly into the provision.

View detailed comparison (IPC 458 vs BNS 331(6)) →

FAQs on Section 458 IPC

What does Section 458 IPC provide?▼

Section 458 IPC punishes lurking house-trespass by night or house-breaking by night committed after making preparation for causing hurt, assault or wrongful restraint, or putting any person in fear of those harms.

What is the punishment under Section 458 IPC?▼

A person convicted under Section 458 IPC may be sentenced to imprisonment of either description for a term extending up to fourteen years, and is also liable to fine. Because imprisonment is mandated, a fine cannot be imposed as the sole penalty.

Is an offence under Section 458 IPC bailable?▼

No. The First Schedule to the Code of Criminal Procedure classifies Section 458 IPC as cognizable and non-bailable, meaning bail cannot be demanded as of right and release rests with the court.

Which court tries an offence under Section 458 IPC?▼

An offence under Section 458 IPC is triable by a Magistrate of the first class.

Can an offence under Section 458 IPC be compounded?▼

No. Section 458 IPC is not listed in Section 320 CrPC, which means it cannot be compounded under any circumstances.

Must the prepared harm actually be inflicted for Section 458 IPC to apply?▼

No. Section 458 IPC penalises the nocturnal entry accompanied by preparation for violence or restraint; actual injury or assault is not a necessary ingredient.

Where is Section 458 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is placed in Section 331(6) 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 ·