Legal Provisions of Section 443 of Indian Penal Code, 1860.
Lurking house-trespass:
This section defines lurking house-trespass. It states that whoever commits house-trespass having taken precautions to conceal such act from such a person who has a right to either exclude or eject the trespasser from the building, tent or vessel in which the trespass is committed, is said to commit lurking house-trespass. In other words, the section requires commission of house-trespass but after having taken precaution to conceal the same from someone who has a right to exclude or eject the trespasser from the building, tent or vessel where he has committed the trespass.
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ADVERTISEMENTS:
Commission of house-trespass by night does not mean commission of lurking house-trespass on the ground that the darkness would enable the accused to conceal himself because that is not the meaning derived from the language of the section; there must be some active means to conceal.