IPC Section 460: All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them

If at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurkking house-trespass by night or house-breaking by night, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

IPC Section 460: Simplified Explanation

Section 460 of the Indian Penal Code addresses situations where multiple individuals are jointly involved in lurking house-trespass or house-breaking by night and where death or grievous hurt is caused by one of them during the commission of the offence. This section aims to hold all parties involved in the criminal act accountable for the consequences, even if only one directly causes the death or grievous hurt. 

Is IPC Section 460 bailable? 

No, IPC Section 460 is not a bailable offence. Due to the seriousness of the offence, which involves lurking house-trespass or house-breaking by night and the resulting death or grievous hurt caused by one of the perpetrators, bail may be granted only under exceptional circumstances and at the discretion of the court. 

IPC Section 460 Punishment 

The punishment for committing an offence under IPC Section 460 includes life or rigorous imprisonment for a term that may extend to ten years and a fine. The severity of the punishment reflects the gravity of the offence, considering the involvement of multiple individuals in the criminal act and the resulting death or grievous hurt. 

Example of IPC Section 460 

In a real-life scenario, suppose a group of burglars plan to break into a house at night to steal valuable items. During the break-in, one of the burglars, in an attempt to subdue the occupants, uses excessive force, resulting in the death of one of the residents. In such a case, all individuals involved in the planning and execution of the burglary could be charged under Section 460 for their joint involvement in the lurking house trespass or house-breaking by night, which led to the death of a person. If convicted, they may face imprisonment for life or rigorous imprisonment for up to ten years, along with a fine. 

This example illustrates how Section 460 is applied to hold all individuals jointly involved in the criminal act accountable for the consequences, ensuring justice and deterrence in cases involving lurking house-trespass or housebreaking by night resulting in death or grievous hurt.

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