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IPC 458 - Lurking house-trespass or house-breaking by night, after preparation made for causing hurt, etc.

Description of IPC 458

Description of IPC Section 458 According to section 458 of Indian penal code, Whoever commits lurking house-trespass by night, or house-breaking by night, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. IPC 458
Offence Lurking house-trespass or house-breaking by night, after preparation made for causing hurt, etc.
Punishment 14 Years + Fine
Cognizance Cognizable
Bail Non-Bailable
Triable Sessions Court
Lurking house-trespass or house-breaking by night with intent to cause serious harm or threats.
Imprisonment for up to fourteen years and may also be fined.

IPC 458 in Simple Words

If someone commits lurking house-trespass or house-breaking at night, with the intention of causing harm, assaulting, wrongfully restraining, or threatening to harm or restrain anyone, they can be punished with imprisonment for up to fourteen years, and may also be fined.

Importance and Practical application

Addresses the severe nature of nighttime offenses combined with preparations for significant harm or threats.

Practical application:

Severe Cases: Applied to cases where there is significant preparation for violence or intimidation during a nighttime offense. Criminal Cases: Used in situations where the intent includes severe harm or threats, indicating a higher level of criminal activity.

Conclusion

IPC Section 458 prescribes imprisonment up to fourteen years and a potential fine for lurking house-trespass or house-breaking by night with preparations to cause harm, assault, or instill fear, addressing the serious nature of such offenses combined with intentions for significant violence or intimidation.