Legal Provisions of Section 454 of Indian Penal Code, 1860.
Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment:
Lurking house-trespass or house-breaking in order to commit any offence punishable with imprisonment has been punished under this section. The section states that whoever commits either lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with simple or rigorous imprisonment for a term extending up to three years, and shall also be liable to fine; and if the intention of the offender is to commit theft, the term of imprisonment may be extended to ten years.
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ADVERTISEMENTS:
This section is an aggravated form of the preceding section. While section 453 provides punishment for lurking house-trespass or house-breaking, this section does the same where such offence is committed in order to commit any offence punishable with imprisonment, and the punishment is more severe where the same offence is committed with the intention of committing theft. The Allahabad High Court has held that the latter part of the section is attracted where there exists not only an intention to commit theft but that actual theft must have been committed. With respect, this does not seem to be correct.
The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by magistrate of the first class if the offence is committed with the intention of committing theft and by any magistrate in other cases.
