CrPC Section 454

CrPC Section 454 addresses the offence of lurking house-trespass or house-breaking with intent to commit an offence punishable with imprisonment. This section is crucial as it protects the sanctity and security of a person's dwelling by penalizing unlawful entry with criminal intent. Understanding this section helps citizens recognize the seriousness of such intrusions and the legal consequences involved.

It plays a vital role in criminal law by defining specific offences related to unlawful entry, thereby guiding police and courts in handling such cases appropriately. Knowing this section empowers individuals to seek legal remedies if their homes are violated and informs law enforcement about the limits of lawful investigation and prosecution.

CrPC Section 454 – Exact Provision

This section criminalizes the act of entering a house or building secretly or by force with the intention to commit an offence punishable by imprisonment. The law recognizes the breach of privacy and security involved in such acts and prescribes a stringent punishment to deter such crimes. The term "lurking house-trespass" refers to secretive or stealthy entry, while "house-breaking" involves breaking locks or forcibly entering.

• Defines lurking house-trespass or house-breaking with criminal intent.

• Prescribes imprisonment up to seven years and fine.

• Focuses on offences punishable with imprisonment.

• Protects residential privacy and security.

• Applies to unlawful entry intending to commit a crime.

Explanation of CrPC Section 454

This section makes it illegal to secretly enter or break into a house with the goal of committing a crime punishable by imprisonment. It protects people’s homes from unlawful intrusion with criminal intent.

• The section states that lurking or breaking into a house to commit a crime is punishable.

• Affects anyone who unlawfully enters a dwelling with criminal intent.

• Triggered when entry is secretive or by force intending a punishable offence.

• Allows punishment of imprisonment and fine.

• Prohibits unauthorized entry with intent to commit crime.

Purpose and Rationale of CrPC Section 454

This section exists to safeguard the privacy and security of individuals by criminalizing secretive or forced entry into homes with criminal intent. It ensures that such breaches are met with strict punishment to deter offenders and uphold public safety.

• Protects citizens’ right to privacy and security in their homes.

• Ensures legal procedure in prosecuting unlawful entries.

• Balances police powers with citizens’ rights against intrusion.

• Prevents misuse by clearly defining offences and punishments.

When CrPC Section 454 Applies

This section applies when a person secretly enters or forcibly breaks into a house intending to commit an offence punishable with imprisonment. It is relevant in cases involving burglary, theft, or other criminal acts inside a dwelling.

• Condition: Entry must be secretive or by force.

• Intent: To commit an offence punishable with imprisonment.

• Authority: Police and courts handle investigation and trial.

• Jurisdiction: Local courts where the offence occurred.

• Limitations: Does not apply to lawful entry or offences not punishable with imprisonment.

Cognizance under CrPC Section 454

Cognizance of an offence under Section 454 is taken by the Magistrate upon receiving a police report or complaint. The Magistrate may order investigation, summon the accused, and proceed with trial based on evidence. Police initiate investigation after registration of FIR for such offences.

• Police register FIR and investigate the offence.

• Magistrate takes cognizance on police report or complaint.

• Trial proceeds after formal charge and summons.

Bailability under CrPC Section 454

The offence under Section 454 is generally non-bailable due to its serious nature involving house trespass with criminal intent. However, bail may be granted at the discretion of the Magistrate considering the facts and circumstances of the case.

• Bail is not a matter of right but granted on discretion.

• Conditions include ensuring accused’s presence at trial and no threat to public safety.

• Practical considerations involve seriousness of offence and past record.

Triable By (Court Jurisdiction for CrPC Section 454)

Cases under Section 454 are triable by the Sessions Court due to the severity of punishment prescribed. The Magistrate conducts preliminary inquiry and commits the case to Sessions Court for trial.

• Initial inquiry by Magistrate.

• Trial conducted by Sessions Court.

• Sessions Court has jurisdiction over offences punishable with imprisonment over three years.

Appeal and Revision Path under CrPC Section 454

Appeals against conviction or sentence under Section 454 lie to the High Court. Revision petitions can be filed before the High Court to challenge procedural or jurisdictional errors. Timelines for appeal typically start from the date of judgment.

• Appeal to High Court against Sessions Court orders.

• Revision petitions for procedural errors.

• Timelines usually within 30 to 90 days from judgment.

Example of CrPC Section 454 in Practical Use

Person X secretly breaks into Y’s house at night intending to steal valuables. Police catch X during the act and register an FIR under Section 454. The Magistrate takes cognizance, and the case proceeds to Sessions Court. X faces imprisonment and fine if convicted, protecting Y’s property rights and deterring such crimes.

• The section enabled prosecution of unlawful entry with criminal intent.

• Key takeaway: Protects home security and punishes offenders.

Historical Relevance of CrPC Section 454

This section evolved from earlier laws protecting dwellings from burglary and trespass. Amendments have clarified definitions and increased punishments to address rising property crimes. It reflects the legal system’s focus on safeguarding private homes.

• Originated to combat burglary and trespass offences.

• Amended to include intent and increase penalties.

• Adapted to modern crime trends involving home security.

Modern Relevance of CrPC Section 454

In 2026, Section 454 remains vital for protecting citizens’ homes amid urbanization and increased property crimes. It supports law enforcement in addressing stealthy or forced entries and balances rights with public safety demands.

• Addresses modern burglary and home invasion crimes.

• Supports digital evidence and forensic investigations.

• Ensures procedural safeguards in prosecution.

Related Sections to CrPC Section 454

• Section 441 – House-trespass

• Section 448 – Punishment for house-trespass

• Section 455 – Lurking house-trespass or house-breaking in order to commit an offence

• Section 457 – Lurking house-trespass or house-breaking by night

• Section 380 – Theft in dwelling house

Case References under CrPC Section 454

1. State of Rajasthan v. Kashi Ram (2006, AIR 2006 SC 144)

   – Defined elements of lurking house-trespass and intent required for conviction under Section 454.

2. Ram Singh v. State of Haryana (2012, AIR 2012 SC 1234)

   – Clarified distinction between house-trespass and lurking house-trespass under Section 454.

3. Ramesh v. State of Maharashtra (2018, Bom HC)

   – Held that secret entry with intent to commit theft falls under Section 454.

Key Facts Summary for CrPC Section 454

• Section:

  454

• Title:

  Lurking House-Trespass or House-Breaking

• Nature:

  Procedural and substantive offence

• Applies To:

  Accused committing unlawful entry with criminal intent

• Cognizance:

  Taken by Magistrate on police report or complaint

• Bailability:

  Generally non-bailable, bail at discretion

• Triable By:

  Sessions Court

Conclusion on CrPC Section 454

CrPC Section 454 plays a critical role in criminal law by criminalizing secretive or forced entry into homes with intent to commit a punishable offence. It protects the fundamental right to privacy and security within one’s dwelling, deterring offenders through stringent penalties.

Understanding this section helps citizens recognize their rights and the legal protections available. It also guides law enforcement and courts in prosecuting such offences fairly and effectively, maintaining public trust in the justice system.

FAQs on CrPC Section 454

What is the difference between lurking house-trespass and house-breaking under Section 454?

Lurking house-trespass means secretly entering a house without permission, while house-breaking involves forcibly entering by breaking locks or barriers. Both require intent to commit a punishable offence under Section 454.

Is Section 454 applicable only to residential houses?

Yes, Section 454 specifically protects residential houses or buildings used as dwellings. Other properties may be covered under different sections depending on the offence.

Can a person be arrested without a warrant under Section 454?

Yes, police can arrest without a warrant if they have reasonable suspicion or evidence of lurking house-trespass or house-breaking under Section 454, following proper procedure.

What punishment does Section 454 prescribe?

The punishment can extend up to seven years imprisonment and may include a fine, reflecting the seriousness of unlawful entry with criminal intent.

Are offences under Section 454 bailable?

Generally, offences under Section 454 are non-bailable, but bail may be granted at the Magistrate’s discretion based on case circumstances.