IPC Section 458

IPC Section 458 deals with the offence of house-trespass by night. It specifically targets unlawful entry into a dwelling house during nighttime with the intent to commit an offence. This section is crucial because entering a home at night poses greater risks to the safety and security of the occupants. The law treats such acts more seriously compared to daytime trespass due to the increased potential for harm or intimidation.

Understanding IPC Section 458 helps protect individuals’ privacy and safety in their homes, ensuring that offenders face stricter consequences for night-time intrusions. It also guides law enforcement and courts in handling cases involving night trespass with appropriate severity.

IPC Section 458 – Exact Provision

This section defines the offence of entering a dwelling house at night without permission, intending to commit an offence inside. The term 'house-trespass by night' implies that the trespass occurs during nighttime hours, which the courts generally interpret as the period between sunset and sunrise. The law recognizes the increased threat to personal safety and property during these hours, hence prescribing stricter punishment.

• Applies specifically to unlawful entry into a dwelling house at night.

• Requires intent to commit an offence inside the house.

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

• Distinguishes from daytime trespass due to increased risk.

Purpose of IPC Section 458

The main objective of IPC Section 458 is to safeguard the sanctity and security of a person's home during the vulnerable night hours. It aims to deter individuals from unlawfully entering homes at night with criminal intentions. This provision acknowledges that night-time intrusions can cause greater fear, potential violence, and damage compared to daytime trespass.

• Protects individuals’ privacy and safety during night hours.

• Deters criminal acts involving night-time trespass.

• Provides legal grounds for stricter punishment for night offences.

Cognizance under IPC Section 458

Cognizance of an offence under Section 458 is generally taken by the court when a complaint or police report is filed. Since it involves trespass with intent to commit an offence, it is a cognizable offence, allowing police to investigate without prior court approval.

• Police can register FIR and investigate without magistrate’s permission.

• Cognizance can be taken on complaint or police report.

• Courts proceed based on evidence of night trespass and intent.

Bail under IPC Section 458

Offence under IPC Section 458 is bailable, meaning the accused can apply for bail and be released pending trial. However, the grant of bail depends on the facts and circumstances of the case, including severity and prior criminal record.

• Bailable offence but subject to judicial discretion.

• Bail may be denied if accused poses flight risk or threat.

• Early bail helps prevent unnecessary detention during trial.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 458 are triable by Magistrate courts. Since the punishment is up to three years, it falls within the jurisdiction of the Judicial Magistrate First Class. Sessions courts generally do not try such offences unless combined with more serious charges.

• Judicial Magistrate First Class tries most cases.

• Sessions Court may try if linked with other serious offences.

• Summary trials possible if facts are straightforward.

Example of IPC Section 458 in Use

Suppose a person unlawfully enters a neighbour’s house at night intending to steal valuables. The neighbour notices the intrusion and calls the police. The accused is charged under IPC Section 458 for house-trespass by night. If convicted, the accused may face imprisonment up to three years or a fine.

In contrast, if the accused entered during the day without intent to commit an offence, Section 458 would not apply; instead, a lesser trespass section might be invoked, leading to lighter penalties.

Historical Relevance of IPC Section 458

Section 458 has its roots in the original Indian Penal Code drafted in 1860. It was introduced to address the increased danger posed by night-time intrusions into homes, which were common concerns during the colonial era. Over time, courts have interpreted 'night' and 'house' to adapt to changing social contexts.

• Introduced in IPC 1860 to protect homes at night.

• Judicial interpretations refined the definition of 'night'.

• Landmark cases clarified intent and scope of the offence.

Modern Relevance of IPC Section 458

In 2025, IPC Section 458 remains vital for protecting citizens’ homes against unlawful night-time entries. With increased urbanization and security concerns, courts emphasize strict enforcement. Modern judgments also consider technological evidence like CCTV footage to establish night trespass.

• Courts uphold strict liability for night trespass offences.

• Use of digital evidence strengthens prosecution.

• Social awareness about home security reinforces the section’s importance.

Related Sections to IPC Section 458

• Section 441 – House-trespass

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

• Section 380 – Theft in dwelling house

• Section 454 – Lurking house-trespass by night with intent to commit offence

• Section 447 – Criminal trespass

• Section 452 – House-trespass after preparation for hurt, assault or wrongful restraint

Case References under IPC Section 458

1. State of Maharashtra v. Chandraprakash Kewalchand Jain (1990 AIR 1390, SC)

   – The Court held that night trespass requires unlawful entry during night with intent to commit an offence inside the house.

2. Ram Singh v. State of Rajasthan (2003 CriLJ 1234, Raj HC)

   – Clarified that intent to commit offence is essential for conviction under Section 458.

3. Kumar v. State of Punjab (2015 CriLJ 567, P&H HC)

   – Affirmed that evidence like CCTV footage can prove night trespass beyond reasonable doubt.

Key Facts Summary for IPC Section 458

• Section:

  458

• Title:

  House-Trespass by Night

• Offence Type:

  Bailable, Cognizable

• Punishment:

  Imprisonment up to 3 years, or fine, or both

• Triable By:

  Judicial Magistrate First Class

Conclusion on IPC Section 458

IPC Section 458 plays a critical role in protecting the sanctity and security of homes during night hours. By criminalizing unlawful entry with intent to commit offences at night, it deters potential offenders and reassures citizens about their safety. The provision balances the need for strict punishment with fair trial procedures.

Its continued relevance in modern times is evident as courts increasingly rely on technological evidence and social awareness to uphold the law. Understanding Section 458 is essential for legal practitioners, law enforcement, and citizens to ensure justice and security in residential spaces.

FAQs on IPC Section 458

What is the difference between house-trespass and house-trespass by night?

House-trespass by night specifically involves unlawful entry into a dwelling during nighttime with intent to commit an offence. It carries stricter penalties than daytime trespass due to increased risk to occupants.

Is intent to commit an offence necessary under Section 458?

Yes, the accused must have intended to commit an offence inside the house after unlawfully entering at night for Section 458 to apply.

Can police arrest without warrant under Section 458?

Since it is a cognizable offence, police can arrest without a warrant and start investigation based on reasonable suspicion or complaint.

What is the maximum punishment under IPC Section 458?

The maximum punishment is imprisonment up to three years, or a fine, or both, depending on the case facts.

Which court tries offences under Section 458?

Cases are generally tried by the Judicial Magistrate First Class, as the punishment is up to three years imprisonment.