Section 460 IPC: All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them

Indian Penal Code, 1860

Section 460 IPC at a Glance

Section 460 IPC deals with all persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 331(8) BNS.

Punishment

Imprisonment for life, or with imprisonment of either description for a term which may extend to ten years

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
BNS Equivalent

Section 331(8) →

Section 460 IPC Bare Act Text

460. All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them

If, at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass by night or house-breaking by night, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Source: Section 460, Indian Penal Code, 1860

Section 460 IPC in Simple Words

Section 460 of the Indian Penal Code (IPC) imposes joint criminal liability where, at the time of committing lurking house-trespass by night or house-breaking by night, any one of the offenders voluntarily causes or attempts to cause death or grievous hurt to any person. Every person jointly concerned in committing the offence is held equally punishable, including those who did not personally strike a blow or attempt violence.

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. Under Sections 444 and 446 IPC, by night means after sunset and before sunrise.

Grievous hurt refers to any of the eight categories designated in Section 320 IPC.

Ingredients of Section 460 IPC

  • Lurking house-trespass by night under Section 444 IPC or house-breaking by night under Section 446 IPC was being committed
  • At the time of committing that offence, any person guilty of it voluntarily caused or attempted to cause death or grievous hurt to any person
  • The accused was jointly concerned in committing that lurking house-trespass by night or house-breaking by night

Punishment Under Section 460 IPC

Imprisonment

Imprisonment for life, or with imprisonment of either description for a term which may extend to ten 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 ⓘ🏛️ Court of Session ⓘ

Joint liability where death or grievous hurt is caused or attempted during lurking house-trespass or house-breaking by night carries imprisonment for life, or imprisonment of either description up to ten years, and liability to fine.

Example of Section 460 IPC

In Guwahati in January 2020, after sunset and before sunrise, Harish, Naveen, and Zaheer jointly forced open the bolted cellar hatch of Kaveri's farmhouse and climbed inside to steal silverware. Kaveri's caretaker heard the noise and entered the cellar. At the time of committing the house-breaking by night, Harish voluntarily struck the caretaker's leg with a heavy spade, breaking his shinbone, while Naveen and Zaheer stood by near the stairs without striking any blow. Because Harish voluntarily caused grievous hurt while the three men were jointly committing house-breaking by night, Harish, Naveen, and Zaheer are all punishable under Section 460 IPC.

When Section 460 IPC Does Not Apply

  • The lurking house-trespass or house-breaking took place during the day between sunrise and sunset, in which case liability for causing grievous hurt is governed by Section 459 IPC.
  • The accused was not jointly concerned in committing the lurking house-trespass by night or house-breaking by night.
  • The death or grievous hurt was caused or attempted at a different time rather than during the commission of the nocturnal lurking house-trespass or house-breaking.
  • The offender caused only simple hurt during the nocturnal intrusion and did not attempt to cause death or grievous hurt.
  • The entry into the building was made with the occupant's consent and without any criminal intent required under Section 441 IPC.

Section 460 IPC in the BNS

Section 460 IPC is now covered under Section 331(8) BNS.

Section 460 IPC corresponds to Section 331(8) BNS. Section 331(8) 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. In addition, Section 331(8) BNS incorporates the phrase after sunset and before sunrise directly into the provision in place of by night.

View detailed comparison (IPC 460 vs BNS 331(8)) →

FAQs on Section 460 IPC

What does Section 460 IPC provide?▼

Section 460 IPC provides that where any person committing lurking house-trespass by night or house-breaking by night voluntarily causes or attempts to cause death or grievous hurt, every person jointly concerned in the offence is equally punishable.

What is the punishment under Section 460 IPC?▼

Every person convicted under Section 460 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 cannot be imposed.

Is an offence under Section 460 IPC bailable?▼

No. The First Schedule to the Code of Criminal Procedure classifies Section 460 IPC as cognizable and non-bailable, meaning bail cannot be demanded as a matter of right and release rests with the court.

Which court tries an offence under Section 460 IPC?▼

An offence under Section 460 IPC is triable exclusively by a Court of Session.

Can an offence under Section 460 IPC be compounded?▼

No. Section 460 IPC is not mentioned in Section 320 CrPC, so it cannot be compounded under any circumstances.

Can a co-accused who struck no blows be convicted under Section 460 IPC?▼

Yes. Section 460 IPC creates constructive statutory liability for all persons jointly concerned in the nocturnal intrusion once any one participant causes or attempts death or grievous hurt.

Where is Section 460 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is placed in Section 331(8) 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 ·