Whoever commits lurking house-trespass, or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description or a term which may extend to ten years, and shall also be liable to fine.
IPC Section 455: Simplified Explanation
Section 455 of the Indian Penal Code deals with the offence of lurking house-trespass or house-breaking committed after making preparations for causing hurt, assault, or wrongful restraint. This section addresses situations where the trespasser enters the property intending to commit an offence and after preparing to cause physical harm or wrongful restraint.
Is IPC Section 455 bailable?
No, IPC Section 455 is not a bailable offence. Due to its serious nature, which involves not just trespassing but also making preparations to cause physical harm or wrongful restraint, it is treated with stringent legal procedures and higher scrutiny for granting bail.
IPC Section 455 Punishment
The punishment for committing an offence under IPC Section 455 includes imprisonment of either description (rigorous or simple) for a term that may extend to seven years and a fine. The severity of the punishment reflects the grave nature of the offence, considering both the trespass and the preparation for physical harm or restraint.
Example of IPC Section 455
In a real-life scenario, consider a case where a group of individuals plan to enter a warehouse to steal valuable goods. Before executing their plan, they gather weapons and discuss ways to deal with any security personnel or obstacles they might encounter. With their preparations in place, they break into the warehouse, intending to steal. Their act of lurking and breaking into the warehouse after preparing to cause harm or restraint falls under the purview of Section 455. If caught, the individuals involved can be prosecuted under this section. They may face imprisonment of up to seven years and a fine.
This example demonstrates how Section 455 is applied to address and penalize individuals who not only trespass but do so with a clear intention and preparation to inflict physical harm or wrongful restraint on others, ensuring the safety and security of individuals and their properties.
