What is Section 458 IPC? Lurking House-Trespass or House-Breaking by Night After Preparation for Hurt, Assault, or Wrongful Restraint
Published on: Lawiz Team
Learn about Section 458 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever commits lurking house-trespass by night or house-breaking by night, 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 fourteen years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 458 punishes anyone who commits lurking house-trespass or house-breaking by night after making preparations to cause hurt, assault, or wrongful restraint.
Purpose
To ensure strict punishment for those who enter another's house stealthily at night, prepared to cause harm.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 14 years, and fine.
Punishment Details
Imprisonment of either description for a term which may extend to fourteen years, and a fine.
Illustrative Example
If a person enters another's house at night carrying a weapon with the intent to hurt the occupants, they are punishable under Section 458.
Legal Defenses
If the accused can prove that they did not prepare to cause any harm, they may be acquitted.
Related Sections
Related to Section 457 (Lurking house-trespass to commit offence) and Section 459 (Grievous hurt during house-trespass).
Important Note
This section is more serious because it involves preparation to cause harm.
FAQs
What does Section 458 IPC define?
Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint.
How is 'Lurking house-trespass or house-breaking by night 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 458 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 458?
Examples include real-life cases involving lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint.
Is Section 458 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 458 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 458 significant?
It holds importance in the framework of criminal law.