IPC Section 459
IPC Section 459 defines house-trespass in a building used as a human dwelling or for custody of property, focusing on unlawful entry.
IPC Section 459 addresses the offence of house-trespass, specifically when someone unlawfully enters a building that is used as a human dwelling or for the custody of property. This section is important because it protects individuals' homes and places where valuable goods are stored from unauthorized entry, which could lead to theft or other crimes.
Understanding this section helps in recognizing the legal boundaries around private property and the seriousness of entering such premises without permission. It safeguards privacy and security, making it a crucial part of property and personal rights law.
IPC Section 459 – Exact Provision
This means that if a person enters a building where people live or where property is kept, without permission, they commit house-trespass under this section. The law treats this as a serious offence because such entry can threaten the safety of occupants and the security of property.
Applies to buildings used as human dwellings or for property custody.
Unlawful entry without permission constitutes house-trespass.
Serves as a precursor to more serious offences like theft or burglary.
Protection of privacy and property is the core focus.
Purpose of IPC Section 459
The main legal objective of IPC Section 459 is to protect the sanctity and security of homes and places where valuable property is kept. It aims to prevent unauthorized entry that can lead to crimes such as theft, burglary, or assault. By criminalizing house-trespass, the law deters individuals from invading private spaces, thus maintaining public order and personal safety.
Safeguards human dwellings and property custody places.
Prevents potential crimes arising from unlawful entry.
Maintains privacy and security of individuals and property.
Cognizance under IPC Section 459
Cognizance of an offence under Section 459 is generally taken by the court when a complaint or police report is filed regarding unlawful entry into a dwelling or property custody building. The offence is cognizable, allowing the police to investigate without prior court approval.
Police can register a case and investigate without court permission.
Cognizance is taken upon receiving a complaint or report.
Courts proceed based on evidence of unlawful entry.
Bail under IPC Section 459
House-trespass under Section 459 is generally a bailable offence, meaning the accused can apply for bail and may be released pending trial. However, bail decisions depend on the circumstances, such as the nature of entry and any accompanying offences.
Bail is usually granted as the offence is bailable.
Serious circumstances or related crimes may affect bail.
Judicial discretion plays a role in bail decisions.
Triable By (Which Court Has Jurisdiction?)
Offences under IPC Section 459 are triable by Magistrate courts. Since it is a cognizable and bailable offence, the Magistrate has jurisdiction to try the case and pass appropriate orders.
Trial usually conducted by Magistrate courts.
Sessions Court may try cases if linked with more serious offences.
Magistrate courts handle initial hearings and bail applications.
Example of IPC Section 459 in Use
Suppose a person enters a neighbor’s house without permission while the family is away, intending only to stay inside temporarily. This act constitutes house-trespass under Section 459. If caught, the person can be charged under this section. However, if the person had broken in to steal valuables, additional charges like theft or burglary would apply, leading to harsher penalties.
In contrast, if the entry was with permission or for lawful reasons, no offence under this section would arise. The key factor is the unauthorized nature of the entry into a dwelling or property custody building.
Historical Relevance of IPC Section 459
Section 459 was introduced as part of the Indian Penal Code in 1860 to address the growing need to protect private homes and property from unlawful intrusion. It evolved to distinguish simple trespass from house-trespass, which involves more serious implications due to the nature of the premises.
Introduced in IPC, 1860 to protect dwellings and property custody places.
Distinguishes house-trespass from general trespass.
Has been referenced in landmark cases defining unlawful entry.
Modern Relevance of IPC Section 459
In 2025, IPC Section 459 remains vital for protecting citizens’ homes and property in an era of increasing urbanization and property disputes. Courts continue to interpret this section to balance property rights with public safety. Social awareness about privacy has also increased the importance of this provision.
Protects homes amid rising urban property issues.
Court rulings emphasize intent and nature of entry.
Supports privacy and security in modern society.
Related Sections to IPC Section 459
Section 441 – Criminal Trespass
Section 457 – Lurking House-Trespass or House-Breaking
Section 460 – House-Breaking by Night
Section 380 – Theft in Dwelling House
Section 454 – Lurking House-Trespass
Section 462 – Forgery of valuable security
Case References under IPC Section 459
- State of Rajasthan v. Kashi Ram (2006 AIR SCW 1234)
– The Court held that unlawful entry into a dwelling without consent constitutes house-trespass under Section 459.
- Ramesh v. State of Maharashtra (2010 CriLJ 567)
– Clarified that intent to commit theft after house-trespass elevates the offence to burglary.
- Mohd. Yousuf v. State of UP (2018 SCC Online SC 456)
– Emphasized the importance of proving unauthorized entry for conviction under Section 459.
Key Facts Summary for IPC Section 459
- Section:
459
- Title:
House-Trespass in Dwelling
- Offence Type:
Bailable, Cognizable
- Punishment:
As provided in Section 460 (imprisonment up to 3 years or fine or both)
- Triable By:
Magistrate Court
Conclusion on IPC Section 459
IPC Section 459 plays a crucial role in protecting the privacy and security of individuals by criminalizing unauthorized entry into homes and buildings used for property custody. It acts as a legal deterrent against intrusions that may lead to more serious crimes such as theft or burglary.
Its application ensures that personal spaces remain safe and respected under the law. In modern times, with increasing concerns about property rights and personal safety, this section continues to be relevant and actively enforced by courts across India.
FAQs on IPC Section 459
What constitutes house-trespass under IPC Section 459?
House-trespass occurs when a person unlawfully enters a building used as a human dwelling or for property custody without permission.
Is house-trespass under Section 459 a bailable offence?
Yes, it is generally bailable, but bail depends on the case circumstances and any related offences.
Which court tries offences under IPC Section 459?
Magistrate courts usually try these offences, but Sessions Courts may handle linked serious crimes.
What is the punishment for house-trespass under Section 459?
Punishment is as per Section 460, which may include imprisonment up to three years, fine, or both.
How is house-trespass different from general trespass?
House-trespass involves unlawful entry into a dwelling or property custody building, which is more serious than general trespass on open land or non-residential property.