What is Section 455 IPC? Lurking House-Trespass or House-Breaking After Preparation for Hurt, Assault or Wrongful Restraint
Published on: Lawiz Team
Learn about Section 455 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever commits lurking house-trespass or house-breaking, having made preparation for causing hurt to any person or for assaulting any person or for wrongfully restraining any person, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 455 punishes anyone who commits lurking house-trespass or house-breaking after making preparations to cause hurt, assault, or wrongful restraint.
Purpose
To ensure strict punishment for individuals who stealthily or forcefully enter another's house intending to cause harm.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 10 years, and fine.
Punishment Details
Imprisonment of either description for a term which may extend to ten years, and a fine.
Illustrative Example
If a person breaks into another's house carrying a weapon to assault the owner, they are punishable under Section 455.
Legal Defenses
If the accused can prove that they did not intend to cause any harm, they may be acquitted.
Related Sections
Related to Section 454 (Lurking house-trespass to commit offence) and Section 452 (House-trespass with preparation for hurt).
Important Note
This section applies only when there is preparation to cause harm or restraint.
FAQs
What does Section 455 IPC define?
Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint.
How is 'Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 455 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 455?
Examples include real-life cases involving lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint.
Is Section 455 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 455 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 455 significant?
It holds importance in the framework of criminal law.