Bailabel Type : non-bailable
Description
Section 460 of the Indian Penal Code (IPC) deals with the scenario where multiple individuals are involved in lurking house-trespass or housebreaking by night, and death or grievous hurt is caused by any one of them during the commission of the offense. This section treats such an offense as aggravated and applies harsher penalties when such serious harm occurs.
Description:
Section 460 addresses situations where a group of people, engaged in the criminal act of house-trespass or housebreaking by night, causes either death or grievous hurt to someone. The law makes it clear that if any person involved in the offense causes death or grievous hurt, the others involved in the crime will also be held jointly responsible for the consequences.
Lurking House-Trespass or Housebreaking by Night:
- Lurking house-trespass refers to entering someone's house secretly or without the knowledge of the occupant, typically with the intent to commit a crime.
- Housebreaking by night involves forcibly entering a building at night, with the intent to commit a crime, such as theft, robbery, or violence.
Death or Grievous Hurt:
- If, during the course of such crimes, death or grievous hurt is caused by any one of the persons involved, all those jointly engaged in the offense will be treated as responsible for the result.
- Grievous hurt refers to serious bodily harm, such as injuries that cause severe pain, broken bones, or long-term harm.
Joint Liability:
- Under Section 460, all individuals jointly concerned in the trespass or housebreaking by night are held liable for the consequences (death or grievous hurt) that occur as a result of the actions of one of them, even if they did not directly cause the injury or death themselves.
Punishment
- Imprisonment: The offender(s) may face imprisonment for life or a term of rigorous imprisonment that may extend to 10 years.
- Fine: A fine may also be imposed, or
- Both: The court may impose both imprisonment and fine, depending on the circumstances.
