Legal Provisions of Section 459 of Indian Penal Code, 1860.
Grievous hurt caused whilst committing lurking house- trespass or house-breaking:
Causing grievous hurt or attempting to cause death or grievous hurt whilst committing lurking house-trespass or house-breaking has been punished under this section. The section says that whoever, whilst committing lurking house-trespass or house-breaking, either causes grievous hurt to any person or attempts to cause either death or grievous hurt to any person, shall be punished with imprisonment for life, or simple or rigorous imprisonment for a term extending up to ten years, and shall also be liable to fine.
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The section requires either causing of grievous hurt or attempt to cause death or grievous hurt to any person whilst committing either lurking house-trespass or housebreaking. The offence under this section is very serious as is clear from the quantum of penalty prescribed. The Rajasthan High Court has held that causing of grievous hurt or attempt to cause death or grievous hurt is not limited to the point of entry on the property and it continues during the period the house-breaking lasts.
The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by court of session.