What is Section 459 IPC? Grievous Hurt Caused Whilst Committing Lurking House-Trespass or House-Breaking
Published on: Lawiz Team
Learn about Section 459 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for life, or with rigorous imprisonment 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 459 punishes anyone who causes grievous hurt while committing lurking house-trespass or house-breaking.
Purpose
To ensure strict punishment for those who not only trespass but also cause grievous injury to others.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment for life, or imprisonment up to 10 years, and fine.
Punishment Details
Imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and a fine.
Illustrative Example
If a person breaks into another's house and assaults the occupants, causing serious injury, they are punishable under Section 459.
Legal Defenses
If the accused can prove that they did not cause any harm, they may be acquitted.
Related Sections
Related to Section 458 (Lurking house-trespass with preparation for hurt) and Section 460 (Punishment where grievous hurt caused by any member).
Important Note
The offence becomes more serious if grievous hurt is caused.
FAQs
What does Section 459 IPC define?
Grievous hurt caused whilst committing lurking house-trespass or house-breaking.
How is 'Grievous hurt caused whilst committing lurking house-trespass or house-breaking' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 459 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 459?
Examples include real-life cases involving grievous hurt caused whilst committing lurking house-trespass or house-breaking.
Is Section 459 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 459 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 459 significant?
It holds importance in the framework of criminal law.