Whoever commits lurking house-trespass or house-breaking, 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 three 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 ten years.
IPC Section 454: Simplified Explanation
Section 454 of the Indian Penal Code addresses the act of lurking house-trespass or house-breaking specifically committed with the intent to commit an offence that is punishable with imprisonment. Lurking house trespass, as defined under Section 443, involves entering or remaining in a building, tent, or vessel to commit an offence where the entry or presence is concealed. House-breaking, as defined under Section 445, involves breaking into or out of a house intending to commit an offence. When these acts are committed to commit an offence punishable by imprisonment, they fall under the purview of Section 454.
Is IPC Section 454 bailable?
No, IPC Section 454 is not a bailable offence. Due to its serious nature, which involves concealed or forceful entry with the intent to commit further criminal acts, it is treated with stringent legal procedures and higher scrutiny for granting bail.
IPC Section 454 Punishment
The punishment for committing an offence under IPC Section 454 includes imprisonment of either description (rigorous or simple) for a term that may extend to three years and a fine. The severity of the punishment reflects the grave nature of the offence, considering both the trespass and the intent to commit an additional offence.
Example of IPC Section 454
Consider a scenario where Mohan conceals himself and enters a house at night, intending to steal valuable items. Mohan waits until the residents are asleep and then breaks into the house quietly to avoid detection. His act of lurking and breaking into the house with the intent to commit theft (an offence punishable with imprisonment) falls under the purview of Section 454. If caught, Mohan can be prosecuted under this section and may face imprisonment of up to three years and a fine.
This example illustrates how Section 454 is applied to deter and penalize individuals who engage in concealed or forceful entry into properties with the intent to commit further offences, ensuring the protection of individuals and their properties from such criminal activities.
