Whoever commits lurking house-trespass by night, or house-breaking by night, 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 for a term which may extend to fourteen years, and shall also be liable to fine.
IPC Section 458: Simplified Explanation
Section 458 of the Indian Penal Code addresses the offence of lurking house-trespass or house-breaking committed after making preparations for causing hurt, assault, or wrongful restraint. This section deals with situations where an individual plans and prepares to commit trespass or house-breaking to cause physical harm or restraint to others.
Is IPC Section 458 bailable?
No, IPC Section 458 is not a bailable offence. Due to its serious nature, which involves preparing to cause hurt, assault, or wrongful restraint before committing trespass or house-breaking, it is considered a serious offence, and bail may be granted only under exceptional circumstances and at the discretion of the court.
IPC Section 458 Punishment
The punishment for committing an offence under IPC Section 458 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 preparation for causing physical harm or restraint and the actual commission of trespass or house-breaking.
Example of IPC Section 458
Suppose a group of individuals plans to break into a house to settle a personal vendetta with the residents. Before executing their plan, they gather weapons and discuss ways to intimidate and harm the residents. With their preparations in place, they break into the house, intending to cause harm and fear. If caught, these individuals could be charged under Section 458 for lurking house-trespass or house-breaking after preparation 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 458 addresses and punishes individuals who prepare to cause hurt, assault, or wrongful restraint before committing trespass or house-breaking, ensuring the safety and security of individuals and their properties.
