Section 459 IPC: Grievous hurt caused whilst committing lurking house-trespass or house-breaking
Indian Penal Code, 1860
Section 459 IPC at a Glance
Section 459 IPC deals with grievous hurt caused whilst committing lurking house-trespass or house-breaking. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 331(7) BNS.
Imprisonment for life, or imprisonment of either description for a term which may extend to ten years
Section 459 IPC Bare Act Text
459. Grievous hurt caused whilst committing lurking house-trespass or house-breaking
Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Source: Section 459, Indian Penal Code, 1860
Section 459 IPC in Simple Words
Section 459 of the Indian Penal Code (IPC) punishes a person who, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person. The offence carries imprisonment for life, or imprisonment of either description for a term extending up 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. Grievous hurt refers to any of the eight categories designated in Section 320 IPC.
Unlike Sections 456 to 458 and 460 IPC, this provision contains no nocturnal requirement and applies at any time of day.
Ingredients of Section 459 IPC
- The accused was committing lurking house-trespass under Section 443 IPC or house-breaking under Section 445 IPC
- Whilst committing such trespass, the accused caused grievous hurt to any person, or attempted to cause death or grievous hurt to any person
- The injury caused or attempted constituted grievous hurt as defined under Section 320 IPC
Punishment Under Section 459 IPC
Imprisonment for life, or 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.
Causing grievous hurt or attempting to cause death or grievous hurt whilst committing lurking house-trespass or house-breaking carries imprisonment for life, or imprisonment of either description up to ten years, and liability to fine.
Example of Section 459 IPC
When Section 459 IPC Does Not Apply
- The intruder caused only simple hurt during the lurking house-trespass or house-breaking and made no attempt to cause death or grievous hurt.
- Grievous hurt was inflicted when no lurking house-trespass or house-breaking was being committed, which is dealt with under general hurt provisions such as Section 325 or Section 326 IPC.
- An accomplice took part in a daytime lurking house-trespass or house-breaking without personally causing or attempting death or grievous hurt and without sharing a common intention under Section 34 IPC.
- The person entered the premises with the consent of the person in possession and without any intent constituting criminal trespass under Section 441 IPC.
Section 459 IPC in the BNS
Section 459 IPC is now covered under Section 331(7) BNS.
Section 459 IPC corresponds to Section 331(7) BNS. Section 331(7) BNS consolidates the punishments for lurking house-trespass and house-breaking into a single provision. The statutory punishment of imprisonment for life, or imprisonment of either description for a term extending up to ten years, alongside liability to fine, remains unchanged.
View detailed comparison (IPC 459 vs BNS 331(7)) →FAQs on Section 459 IPC
What does Section 459 IPC provide?▼
Section 459 IPC punishes any person who, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt.
What is the punishment under Section 459 IPC?▼
A person convicted under Section 459 IPC may be sentenced to imprisonment for life, or imprisonment of either description for a term extending up to ten years, and is also liable to fine. Imprisonment is mandatory, so a sentence of fine alone is not permissible.
Is an offence under Section 459 IPC bailable?▼
No. The First Schedule to the Code of Criminal Procedure classifies Section 459 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 459 IPC?▼
An offence under Section 459 IPC is triable exclusively by a Court of Session.
Can an offence under Section 459 IPC be compounded?▼
No. Section 459 IPC is not listed in Section 320 CrPC, so it cannot be compounded under any circumstances.
Does Section 459 IPC apply only at night?▼
No. Section 459 IPC contains no night limitation and applies whether the offence is committed by day or by night. Where the offence occurs by night, Section 460 IPC provides joint liability for all participants.
Must grievous hurt actually occur for Section 459 IPC to apply?▼
No. Attempting to cause death or grievous hurt whilst committing lurking house-trespass or house-breaking is sufficient to complete the offence under Section 459 IPC, even if no severe physical injury ensues.
Where is Section 459 IPC placed in the Bharatiya Nyaya Sanhita?▼
It is placed in Section 331(7) 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 ·