Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
IPC Section 459: Simplified Explanation
Section 459 of the Indian Penal Code pertains to instances where grievous hurt is inflicted upon a person during the commission of lurking house trespass or house-breaking. This section aims to address situations where serious bodily harm is caused to individuals while trespassing or breaking into a property.
Is IPC Section 459 bailable?
No, IPC Section 459 is not a bailable offence. Due to the seriousness of the offence, which involves causing grievous hurt while committing lurking house-trespass or housebreaking, bail may be granted only under exceptional circumstances and at the court’s discretion.
IPC Section 459 Punishment
The punishment for committing an offence under IPC Section 459 includes imprisonment of either description (rigorous or simple) for a term that may extend to fourteen years and a fine. The severity of the punishment reflects the gravity of the offence, considering the infliction of grievous hurt during the commission of trespass or house-breaking.
Example of IPC Section 459
In a real-life scenario, consider a case where burglars break into a house intending to steal valuables. During the break-in, one of the burglars encounters a resident and, in the ensuing struggle, inflicts serious injuries using a weapon. The resident suffers grievous hurt as a result of the altercation. In this situation, the burglars could be charged under Section 459 for causing grievous hurt while committing lurking house trespass or house-breaking. They may face imprisonment for up to fourteen years and a fine if convicted.
This example illustrates how Section 459 is applied to address and punish individuals who cause serious bodily harm while trespassing or breaking into a property, ensuring the protection of individuals and their properties from such violent acts.
