What is Section 457 IPC? Lurking House-Trespass or House-Breaking by Night in Order to Commit Offence Punishable with Imprisonment
Published on: Lawiz Team
Learn about Section 457 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever commits lurking house-trespass by night or house-breaking by night, in order to commit any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.
What This IPC Section Means – Explained in Simple Words
Section 457 punishes anyone who commits lurking house-trespass or house-breaking by night with the intent to commit an offence punishable with imprisonment.
Purpose
To ensure strict punishment for individuals who stealthily or forcefully enter another's house at night with the intention of committing a crime.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 5 years, and fine.
Punishment Details
Imprisonment of either description for a term which may extend to five years, and a fine.
Illustrative Example
If a person sneaks into another's house at night to steal, they are punishable under Section 457.
Legal Defenses
If the accused can prove that they did not intend to commit any offence, they may be acquitted.
Related Sections
Related to Section 456 (Lurking house-trespass by night) and Section 458 (Lurking house-trespass with preparation for hurt).
Important Note
This section is specifically for lurking house-trespass or house-breaking by night with criminal intent.
FAQs
What does Section 457 IPC define?
Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment.
How is 'Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 457 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 457?
Examples include real-life cases involving lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment.
Is Section 457 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 457 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 457 significant?
It holds importance in the framework of criminal law.