Legal Provisions of Section 455 of Indian Penal Code, 1860.
Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint:
Lurking house-trespass or house-breaking after making preparation for hurt, assault or wrongful restraint has been punished under this section. The section states that whoever commits either lurking house-trespass or house-breaking, having made preparation for causing hurt to or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint shall be punished with simple or rigorous imprisonment for a term extending up to ten years, and shall also be liable to fine.
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ADVERTISEMENTS:
The section requires that lurking house-trespass or house-breaking must be committed, and the same must be done after having made preparation to cause hurt, or for assaulting, or for wrongfully restraining any person or for putting any person in fear of hurt or of assault or of wrongful restraint.
Where the accused persons, variously armed, broke open the doors and windows of a police station and entered and assaulted some persons there, it was held that they were guilty of committing an offence under this section read with section 149 of the Code.
The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by magistrate of the first class.