IPC Section 454. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment

Category of Bare Act Name of the Act Year of Promulgation
Criminal Laws Indian Penal Code 1860
Act Number Enactment Date Chapter Number
45 06.10.1860 17
Chapter Title Sub-Chapter Legislated by
Of Offence Against Property - Parliament of India

Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine ; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.

STATE AMENDMENT

Tamil Nadu

Section 454 shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:-

"(2) Whoever commits lurking house-trespass or house-breaking in any building used as a place of worship, in order to the committing of the offence of theft of any idol or icon from such building, shall notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than three years but which may extend to ten years and with fine which shall not be less than five thousand rupees:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years."

[Vide Tamil Nadu Act 28 of 1993, sec. 4 (w.e.f. 13-7-1993)].

Offence Description Punishment provided Cognizable/Non-Cognizable

Lurking house-trespass or house-breaking in order to the commission of an offence punishable with imprisonment.

If the offence be theft.

Imprisonment for 3 years and fine.

Imprisonment for 10 years and fine.

Cognizable

Ditto

Bailable/Non-Bailable Trial Court Details Compoundable/Non-Compoundable

Non-Bailable

Ditto

Any Magistrate

Magistrate of the first class.

Non-Compoundable
Compoundable by Whom Concerned Ministry Concerned Department
Non-Compoundable Ministry of Home Affairs Department of Internal Security