IPC 459 vs BNS 459
● Retained in BNSHouse-trespass or house-breaking by night with intent to commit grievous hurt, theft, or other offences
Section 459 of the Indian Penal Code, 1860, deals with house-trespass or house-breaking by night with intent to commit grievous hurt, theft, or other offences. This section addresses nocturnal intrusions with serious criminal intent, recognizing the increased risk to occupants and property.
Key points:
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Applies when a person enters or breaks a house at night intending to commit grievous hurt, theft, or any offence.
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Punishment: Imprisonment up to 3 years, or fine, or both.
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Protects residential and protected buildings from nighttime intrusions that pose threats to life or property.
For example, if someone breaks into a house at night intending to assault the occupants or steal valuables, it constitutes an offence under IPC 459. This provision ensures strict legal deterrence against serious nocturnal criminal acts, safeguarding both property and personal safety.
House-trespass or house-breaking by night with intent to commit grievous hurt, theft, or other offences
Section 459 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 459, punishing acts where a person enters or breaks a house at night with intent to commit grievous hurt, theft, or any offence. This ensures protection of homes and residents from serious nocturnal criminal intrusion.
Key points:
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Covers unauthorized entry or house-breaking at night with intent to commit offences.
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Punishment: Imprisonment up to 3 years, or fine, or both, same as IPC.
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Ensures accountability for nighttime criminal acts threatening occupants or property.
For instance, breaking into a house at night to assault or rob the occupants falls under BNS 459. This aligns with IPC 459 to protect property and residents from nocturnal intrusion and criminal intent.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 459 to BNS BNS 459.