Legal Provisions of Section 456 of Indian Penal Code, 1860.
Punishment for lurking house-trespass or house-breaking by night:
This section provides punishment for lurking house-trespass or house-breaking by night whereas section 453 provides punishment for lurking house- trespass or house-breaking, not by night. It says that whoever commits either lurking house-trespass by night, or house-breaking by night, shall be punished with simple or rigorous imprisonment for a term extending up to three years, and shall also be liable to fine. The punishment here is a little severer than in section 453 because lurking house- trespass or house-breaking by night has been considered to be more serious than that during the day.
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Where the accused entered a house by night by scaling a wall, he was held guilty of committing house-breaking by night and punished under this section. Similarly, where the accused entered into a house by night and effected his departure by knocking down a person standing in the doorway, he was guilty of committing an offence under this section for house-breaking by night. Entering into the house of the complainant by night at the invitation of a married woman with the intention of committing adultery with her, has been held to be punishable under this section.
But where the accused entered into a house with the intention of visiting the complainant’s widowed daughter-in-law, a woman of loose character, perhaps with the latter’s consent, this section was held to be not attracted as the requisite intention of section 451 was absent, and also absent was the intention necessary to constitute an offence under section 509 of the Code.
The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by any magistrate.
