What is Section 456 IPC? Punishment for Lurking House-Trespass or House-Breaking by Night

Published on: Lawiz Team

Learn about Section 456 IPC: Meaning, scope, punishment, examples.

Official Legal Text

Whoever commits lurking house-trespass by night, or house-breaking by night, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

What This IPC Section Means – Explained in Simple Words

Section 456 provides punishment for anyone who commits lurking house-trespass or house-breaking during nighttime.

Purpose

To ensure stricter punishment for those who stealthily or forcefully enter another's house during the night, increasing fear and danger.

Bailable or Not Bailable & Punishment

Bailable: Bailable, Punishment: Imprisonment up to 3 years, and fine.

Punishment Details

Imprisonment of either description for a term which may extend to three years, and a fine.

Illustrative Example

If a person breaks into another's house at night, hiding their presence, they are punishable under Section 456.

Legal Defenses

If the accused can prove that they entered with the owner's consent or for a lawful purpose, they may be acquitted.

Related Sections

Related to Section 443 (Lurking house-trespass) and Section 457 (Lurking house-trespass by night to commit offence).

Important Note

Lurking house-trespass or house-breaking by night is considered more serious due to the risk involved.

FAQs

What does Section 456 IPC define?

Punishment for lurking house-trespass or house-breaking by night.

How is 'Punishment for lurking house-trespass or house-breaking by night' interpreted in law?

It is interpreted based on the Indian Penal Code and relevant case law.

Where is Section 456 IPC applicable?

Its application depends on the legal context and the nature of the offence involved.

Can you give a practical example for Section 456?

Examples include real-life cases involving punishment for lurking house-trespass or house-breaking by night.

Is Section 456 used along with other IPC sections?

Yes, it is often cited alongside related criminal provisions.

How do courts interpret Section 456 IPC?

Courts interpret it using past judgments and statutory interpretations.

Why is Section 456 significant?

It holds importance in the framework of criminal law.