● Retained in BNS
Lurking house-trespass or house-breaking after sunset and before sunrise, to commit a further imprisonable offence, carries up to 5 years' imprisonment and fine (up to 14 years if the intended offence is theft) under BNS Section 331(4), unchanged from IPC 457.
Section 457 IPC punished lurking house-trespass or house-breaking by night in order to commit an offence punishable with imprisonment, with imprisonment of either description up to 5 years and fine -- extendable to 14 years if the intended offence was theft.
BNS Section 331 consolidates roughly eight separate IPC house-trespass/house-breaking aggravation provisions into one section with eight sub-sections. Sub-section (4) is the direct successor to IPC 457, reproduced in substance unchanged, with "by night" clarified throughout the section to the more precise "after sunset and before sunrise."
Offence and punishment unchanged; only "by night" is clarified to "after sunset and before sunrise," and the provision moves from a free-standing section into a sub-section of a consolidated eight-part section.
Imprisonment of either description up to 5 years, and fine; up to 14 years if the offence intended to be committed is theft..
IPC 457 is non-bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 457 are tried before the Any Magistrate for the base offence; Magistrate of the First Class where the intended offence is theft..
Common defences include the trespass not occurring within the statutory night-time window, absence of intent to commit any further imprisonable offence, and a bona fide claim of right to enter.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons