Whoever commits lurking house-trespass by night, or house-breaking by night, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
IPC Section 456: Simplified Explanation
Section 456 of the Indian Penal Code addresses the offence of lurking house-trespass or house-breaking committed by night after making preparations for causing hurt, assault, or wrongful restraint. This section specifically deals with trespass or house-breaking occurring during the nighttime, coupled with preparations for physical harm or wrongful restraint.
Is IPC Section 456 bailable?
No, IPC Section 456 is not a bailable offence. Due to its serious nature, which involves trespassing or house-breaking during the night with preparations for causing physical harm or wrongful restraint, it is considered a serious offence, and bail may be granted only under exceptional circumstances and at the discretion of the court.
IPC Section 456 Punishment
The punishment for committing an offence under IPC Section 456 includes imprisonment of either description (rigorous or simple) for a term that may extend to ten 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 preparation for causing physical harm or restraint.
Example of IPC Section 456
Imagine a group of burglars who plan to break into a jewellery store at night to steal valuable items. Before executing their plan, they equip themselves with weapons and tools to forcefully enter the store. They wait until the store is closed late at night and then proceed to break in. Their intention is not only to steal but also to use force or restraint, if necessary, to evade capture. If caught, these burglars could be charged under Section 456 for lurking house-trespass or house-breaking by night after preparing for hurt, assault, or wrongful restraint. They may face imprisonment for up to ten years and a fine if convicted.
This example illustrates how Section 456 is applied to address and punish individuals who engage in trespass or house-breaking during the night with the preparation for causing physical harm or wrongful restraint, ensuring the safety and security of individuals and their properties, especially during the vulnerable night time hours.
