Whoever commits lurking house-trespass by night, or house-breaking by night in order to the committing of 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.
IPC Section 457: Simplified Explanation
Section 457 of the Indian Penal Code addresses the offence of lurking house-trespass or house-breaking committed by night with the intent to commit an offence punishable with imprisonment. This section focuses on trespass or house-breaking occurring during the nighttime, specifically to commit a criminal act that carries a punishment of imprisonment.
Is IPC Section 457 bailable?
No, IPC Section 457 is not a bailable offence. Given the seriousness of the offence, which involves trespassing or house-breaking during the night with the intent to commit further criminal acts punishable by imprisonment, bail may be granted only under exceptional circumstances and at the court’s discretion.
IPC Section 457 Punishment
Under IPC Section 457, the punishment for committing an offence includes imprisonment of either description (rigorous or simple) for a term that may extend to two years and a fine. The severity of the punishment reflects the gravity of the offence, considering both the trespass or house-breaking during the night and the intent to commit an additional criminal act punishable with imprisonment.
Example of IPC Section 457
In a real-life scenario, consider a case where a group of individuals plans to break into a warehouse during the night to steal valuable goods. They carefully choose the time when security is minimal, and the chances of detection are low. Their intent is to trespass and steal items that would fetch them a considerable profit. If caught, these individuals could be charged under Section 457 for lurking house-trespass or house-breaking by night, intending to commit an offence punishable with imprisonment. They may face imprisonment for up to two years and a fine if convicted.
This example demonstrates how Section 457 is applied to deter and punish individuals who engage in trespass or house-breaking during the night with the intent to commit further criminal acts punishable with imprisonment. This ensures the protection of individuals and their properties, especially during the vulnerable night time hours.
