Bailabel Type : non-bailable

Description

Section 458 of the Indian Penal Code (IPC) deals with the offense of lurking house-trespass or housebreaking by night with preparation made to cause hurt, assault, or wrongful restraint to any person. This section applies when an individual enters a house or property with the intent to commit an unlawful act and has already made preparations to harm or restrict the freedom of the people inside.

Description:

1. Lurking House-Trespass or Housebreaking by Night:

   • Lurking house-trespass refers to entering someone's house quietly and secretly, typically with the intent to commit a crime like theft or robbery.
   • Housebreaking by night means forcibly entering a house or building during the night with the intent to commit a crime.

2. Preparation for Hurt, Assault, or Wrongful Restraint:

   • The individual not only commits house-trespass or housebreaking but also makes preparations to cause harm to the people inside the house. This could involve bringing weapons, creating barriers to prevent escape, or other actions that suggest an intent to hurt, assault, or wrongfully restrain the occupants of the house.
   • The offense is aggravated by the preparation to use violence or force during the act.

3. Examples:

   • A person breaking into a house at night, carrying weapons such as a knife or gun, intending to cause harm or threaten the occupants.
   • A burglar entering a house, tying up the residents, and preparing to assault or hold them hostage.

Punishment

Imprisonment: The offender may face rigorous imprisonment for a term up to 14 years.

Fine: A fine may also be imposed, or

Both: The court can impose both imprisonment and fine, depending on the gravity of the offense and the circumstances of the case.