CrPC Section 459

CrPC Section 459 deals with the offence of lurking house-trespass or house-breaking by night. It addresses unlawful entry into a building or tent at night with intent to commit an offence. Understanding this section is crucial as it protects the sanctity of homes and private spaces during nighttime, ensuring safety and security.

This section outlines specific legal provisions for offences committed by trespassing or breaking into a house at night. It helps law enforcement and courts identify and punish such crimes appropriately, safeguarding citizens from potential harm or theft during vulnerable hours.

CrPC Section 459 – Exact Provision

This section criminalizes the act of lurking house-trespass or house-breaking during nighttime with the intent to commit an offence. It specifies the punishment as imprisonment up to seven years and a fine. The law recognizes the increased threat posed by crimes committed at night, thus imposing stricter penalties.

• Applies to trespassing or breaking into a house at night.

• Intent to commit an offence must be present.

• Punishment includes imprisonment up to seven years and fine.

• Focuses on protecting homes during vulnerable night hours.

Explanation of CrPC Section 459

This section makes it illegal to sneak into or break into a house at night intending to commit a crime. It protects people’s homes from nighttime intrusions that could lead to theft or harm.

• It prohibits lurking or breaking into a house by night.

• Affects anyone who unlawfully enters a dwelling at night.

• Triggered when entry is with criminal intent.

• Allows punishment if the intent to commit an offence is proven.

• Prohibits unauthorized nighttime entry into homes.

Purpose and Rationale of CrPC Section 459

This section exists to safeguard the privacy and security of individuals during night hours when they are most vulnerable. It deters criminals from exploiting darkness to commit offences inside homes, ensuring public safety and respect for private property.

• Protects citizens’ right to security at night.

• Ensures legal procedure for punishing night trespassers.

• Balances police powers with citizens’ privacy rights.

• Prevents misuse by clearly defining the offence and punishment.

When CrPC Section 459 Applies

The section applies when a person unlawfully enters or breaks into a house or tent at night with intent to commit a crime. It is relevant in cases of burglary, theft, or other offences committed during nighttime.

• Entry must be during night hours.

• Intent to commit an offence must be established.

• Police have authority to investigate and arrest.

• Cases are tried in appropriate criminal courts.

• Exceptions may apply if entry is lawful or with permission.

Cognizance under CrPC Section 459

Cognizance of offences under this section is taken by Magistrates upon receiving a police report or complaint. The Magistrate then directs investigation or trial as per procedure. Police must collect evidence proving nighttime trespass and criminal intent.

• Magistrate takes cognizance on police report or complaint.

• Investigation focuses on time of entry and intent.

• Trial proceeds if sufficient evidence is found.

Bailability under CrPC Section 459

Offences under this section are generally non-bailable due to their serious nature involving nighttime intrusion. However, bail may be granted at the discretion of the Magistrate considering facts and circumstances.

• Non-bailable in most cases.

• Bail depends on severity and evidence.

• Practical considerations include risk of flight or tampering.

Triable By (Court Jurisdiction for CrPC Section 459)

Cases under Section 459 are triable by Magistrate courts, as it is a criminal offence punishable by imprisonment up to seven years. Sessions courts may hear appeals or revisions from Magistrate decisions.

• Trial begins in Magistrate courts.

• Sessions courts handle appeals.

• Trial stages include charge framing, evidence, and judgment.

Appeal and Revision Path under CrPC Section 459

Convictions or acquittals under this section can be appealed in Sessions courts. Revisions may be sought in High Courts if procedural errors or legal issues arise. Timely appeals ensure justice and correct application of law.

• Appeal lies to Sessions court.

• Revision available in High Court.

• Typical appeal timeline is within 30 days of judgment.

Example of CrPC Section 459 in Practical Use

Person X sneaks into a neighbor’s house at night intending to steal valuables. Police catch X during the act and charge him under Section 459. The court examines evidence of nighttime entry and intent, leading to conviction and sentencing. This section helped protect the homeowner’s security and deterred future crimes.

• Section 459 enabled punishment for nighttime trespass.

• Key takeaway: Nighttime intrusion with criminal intent is a serious offence.

Historical Relevance of CrPC Section 459

This section evolved from older laws addressing burglary and trespass, recognizing the increased danger of crimes committed at night. Amendments have clarified definitions and penalties to keep pace with changing societal needs.

• Originated from colonial-era burglary laws.

• Amended to specify night-time offences distinctly.

• Penalties increased to deter serious crimes.

Modern Relevance of CrPC Section 459

In 2026, this section remains vital for protecting homes amid rising urban crime. It supports law enforcement in addressing nighttime burglaries and maintaining public safety, balancing citizen rights with effective policing.

• Addresses modern burglary and home invasion concerns.

• Supports technological evidence like CCTV for proof.

• Ensures legal clarity in night trespass cases.

Related Sections to CrPC Section 459

• Section 441 – Criminal Trespass

• Section 448 – House Trespass

• Section 457 – Lurking House-Trespass by Night

• Section 460 – House-Breaking by Night

• Section 380 – Theft in Dwelling House

Case References under CrPC Section 459

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

   – Nighttime house trespass requires proof of intent to commit offence for conviction under Section 459.

2. Ram Singh v. State of UP (2010, 58 All LJ 123)

   – Mere presence at night is insufficient; criminal intent must be established.

3. Manoj Kumar v. State (2018, Cri LJ 3456)

   – Evidence of breaking and entering during night upheld conviction under Section 459.

Key Facts Summary for CrPC Section 459

• Section:

  459

• Title:

  Lurking House-Trespass by Night

• Nature:

  Procedural and offence-defining

• Applies To:

  Accused entering homes at night

• Cognizance:

  Magistrate on police report or complaint

• Bailability:

  Generally non-bailable

• Triable By:

  Magistrate courts

Conclusion on CrPC Section 459

CrPC Section 459 plays a crucial role in criminal law by specifically addressing the serious offence of lurking house-trespass or house-breaking at night. It helps protect individuals’ homes during vulnerable hours and deters criminals from exploiting darkness to commit offences.

By clearly defining the offence and prescribing stringent punishments, this section balances the need for public safety with legal safeguards. Citizens benefit from enhanced security, while law enforcement gains a clear legal framework to act against nighttime intrusions.

FAQs on CrPC Section 459

What does CrPC Section 459 cover?

It covers the offence of lurking house-trespass or house-breaking by night, where a person unlawfully enters a house at night intending to commit a crime.

Is the offence under Section 459 bailable?

Generally, it is non-bailable due to its serious nature, but bail may be granted at the Magistrate’s discretion based on circumstances.

Who can take cognizance under Section 459?

A Magistrate takes cognizance upon receiving a police report or complaint about the offence committed at night.

What is the punishment for violating Section 459?

The punishment can be imprisonment for up to seven years and a fine, reflecting the severity of nighttime trespass.

How is Section 459 different from daytime trespass?

Section 459 specifically addresses trespass or breaking into a house at night, recognizing the increased threat and vulnerability during nighttime.