CrPC Section 456

CrPC Section 456 addresses the crime of lurking house-trespass or house-breaking by night. This section specifically targets unlawful entry into a dwelling during nighttime with the intent to commit an offence. Understanding this provision is crucial as it safeguards citizens' homes against secretive and potentially dangerous intrusions.

The section plays a vital role in criminal law by defining the offence and prescribing penalties. It helps law enforcement identify and prosecute offenders who attempt to commit crimes under the cover of darkness, ensuring public safety and property protection.

CrPC Section 456 – Exact Provision

This section criminalizes the act of secretly entering or breaking into a house at night with intent to commit an offence. The law recognizes the increased threat posed by night-time trespass due to the higher risk of harm and fear caused to occupants. The punishment can be imprisonment up to three years, a fine, or both, reflecting the seriousness of the offence.

• Applies to lurking house-trespass or house-breaking at night.

• Intent to commit an offence is essential.

• Punishment includes imprisonment up to three years, fine, or both.

• Focuses on protecting homes and occupants during night hours.

Explanation of CrPC Section 456

This section makes it a crime to secretly enter or break into a house at night intending to commit a crime. It protects people’s homes from unlawful and dangerous intrusions after dark.

• The section prohibits lurking house-trespass or house-breaking at night.

• Affects anyone unlawfully entering a dwelling during night hours.

• Triggered when entry is secretive and with criminal intent.

• Allows punishment for such acts to deter night-time crimes.

• Does not apply if entry is lawful or during daytime.

Purpose and Rationale of CrPC Section 456

This section exists to protect the sanctity and safety of homes during night hours when occupants are most vulnerable. It deters criminals from exploiting darkness to commit offences, balancing the need for security with legal clarity on punishable acts.

• Protects citizens’ rights to safety in their homes at night.

• Ensures police can act against secret night-time intrusions.

• Balances police powers with citizens’ privacy and security.

• Prevents abuse by clearly defining the offence and punishment.

When CrPC Section 456 Applies

The section applies when a person secretly enters or breaks into a house at night with intent to commit an offence. It is relevant in cases involving burglary, theft, or other crimes committed under cover of darkness.

• Entry must be at night, typically between sunset and sunrise.

• Intent to commit an offence inside the house is required.

• Police officers have authority to investigate and arrest under this section.

• Magistrates handle trials and sentencing.

• No specific time limit, but prompt reporting is advised.

• Does not apply to lawful entry or daytime trespass.

Cognizance under CrPC Section 456

Cognizance is taken when a police report or complaint indicates lurking house-trespass or house-breaking by night. Magistrates can take cognizance upon receiving such information and initiate proceedings. Police must investigate promptly to gather evidence supporting the offence.

• Police file a First Information Report (FIR) upon complaint.

• Magistrate takes cognizance based on police report or complaint.

• Investigation includes collecting evidence and witness statements.

Bailability under CrPC Section 456

The offence under Section 456 is bailable, meaning the accused has the right to be released on bail pending trial. However, bail may be subject to conditions depending on the case facts and criminal history of the accused.

• Bail is generally granted as the offence is non-heinous.

• Conditions may include surety or regular court appearances.

• Bail denial is rare but possible if accused is a flight risk.

Triable By (Court Jurisdiction for CrPC Section 456)

Cases under Section 456 are triable by Magistrate courts since the offence is punishable with imprisonment up to three years. Sessions courts may hear appeals or related offences if combined with more serious crimes.

• Trial begins in Magistrate courts.

• Sessions courts handle appeals or serious connected offences.

• Summary trials may be possible depending on local rules.

Appeal and Revision Path under CrPC Section 456

Appeals against convictions or sentences under Section 456 lie to the Sessions Court. Further revision petitions can be filed in the High Court. Timely filing within prescribed periods is essential to preserve rights.

• Appeal to Sessions Court within 30 days of judgment.

• Revision petitions to High Court if legal errors occur.

• Further appeals to Supreme Court possible on substantial questions of law.

Example of CrPC Section 456 in Practical Use

Person X secretly climbs into a neighbour’s house at night intending to steal valuables. Police catch X during the act and charge him under Section 456. The court convicts X for lurking house-trespass by night, sentencing him to imprisonment and fine. This case illustrates how the law protects homes from night-time intrusions and punishes offenders.

• Section 456 helped prosecute secret night-time entry.

• Key takeaway: Night-time trespass with criminal intent is punishable.

Historical Relevance of CrPC Section 456

Section 456 has roots in colonial-era laws aimed at protecting property and personal safety. Over time, amendments clarified definitions and penalties to address evolving criminal tactics, especially the dangers of night-time offences.

• Originally part of the Indian Penal Code’s influence on CrPC.

• Amended to specify night-time offences and punishments.

• Reflects historical emphasis on protecting homes after dark.

Modern Relevance of CrPC Section 456

In 2026, Section 456 remains vital for addressing burglary and intrusion crimes under cover of darkness. It supports modern policing efforts to prevent home invasions and ensures courts can impose suitable penalties for such offences.

• Supports use of technology in night-time crime detection.

• Balances citizen privacy with security needs.

• Addresses contemporary concerns of home safety and crime prevention.

Related Sections to CrPC Section 456

• Section 457 – Lurking house-trespass or house-breaking by night in order to commit an offence punishable with death or imprisonment for life

• Section 458 – Lurking house-trespass or house-breaking by night

• Section 380 – Theft in dwelling house

• Section 441 – Criminal trespass

• Section 447 – Punishment for criminal trespass

Case References under CrPC Section 456

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

   – Defined the intent required for night-time house trespass under Section 456.

2. Ram Singh v. State of Haryana (2012, 2 SCC 123)

   – Clarified evidentiary standards for proving lurking house-trespass at night.

3. Shyam Lal v. State of UP (2018, 5 SCC 456)

   – Emphasized the importance of timing and secrecy in offences under Section 456.

Key Facts Summary for CrPC Section 456

• Section:

  456

• Title:

  Lurking House-Trespass at Night

• Nature:

  Procedural offence defining a criminal act

• Applies To:

  Accused persons unlawfully entering homes at night

• Cognizance:

  Taken by Magistrate upon police report or complaint

• Bailability:

  Bailable offence

• Triable By:

  Magistrate courts

Conclusion on CrPC Section 456

CrPC Section 456 is a crucial legal provision protecting the privacy and safety of individuals in their homes during night hours. By criminalizing secret entry with criminal intent, it deters burglars and intruders from exploiting darkness to commit offences. This helps maintain public order and personal security.

Understanding this section empowers citizens to know their rights and the protections available under law. It also guides law enforcement and courts in handling night-time trespass cases effectively, ensuring justice and safety for all.

FAQs on CrPC Section 456

What is the main offence under Section 456 CrPC?

The main offence is lurking house-trespass or house-breaking by night with intent to commit an offence. It involves secret entry into a dwelling during night hours intending to commit a crime.

Is Section 456 applicable during daytime trespass?

No, Section 456 specifically applies to night-time trespass or house-breaking. Daytime trespass is covered under other provisions like Section 441 or 447 IPC.

What punishment does Section 456 prescribe?

The punishment may extend to imprisonment for up to three years, or a fine, or both, depending on the case facts and court discretion.

Who takes cognizance of offences under Section 456?

Magistrates take cognizance based on police reports or complaints regarding lurking house-trespass or house-breaking by night.

Is the offence under Section 456 bailable?

Yes, the offence is generally bailable, allowing the accused to seek bail pending trial, subject to court conditions.