Lurking house-trespass
Section 443 of the Indian Penal Code, 1860 deals with lurking house-trespass. Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit "lurking house-trespass". The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit "lurking house-trespass".
Section 443, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 330 House-trespass and hous-ebreaking Close, with changes 78%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Hameed Khan and Anr. vs State
Court's Decision & Legal Precedent
The essential ingredients for proving the offence of lurking house trespass by night under Section 459 IPC are: (1) Lurking house trespass as defined in Section 443 IPC (entry with precautions to conceal); and (2) Causing grievous hurt. When two persons armed with deadly weapons enter a residential house at night and inflict grievous injuries on the occupants, they commit the offence under Section 459 IPC. Persons can only be convicted under Sections 148 and 149 IPC if they are part of an unlawful assembly of five or more persons. When only two accused persons are involved and they form common intention to commit the alleged offences, they are liable under Sections 459, 323/34, and 325/34 IPC, not under Sections 148 and 149 IPC. Sentences may be reduced based on the age of the accused, their family circumstances, and the duration of legal proceedings, provided the reduction does not undermine the gravity of the offence.
On this section: Lurking house-trespass - Defined as house trespass with precautions to conceal from persons with right to exclude the trespasser. Court applied this definition to establish that appellants entered the dhani at night taking precautions to conceal their entry.
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State vs Shrikant S/o Rambilas
Court's Decision & Legal Precedent
An application under Section 5 of the Limitation Act for condonation of delay cannot be granted without adequate and substantive reasons explaining the entire period of delay. Additionally, an appellate court cannot substitute its own reasons for an acquittal recorded by a trial court unless a glaring mistake is demonstrated with sufficient and plausible grounds, particularly when the trial court's conclusion is based on credible evidence and the accused is known to the victim's family.
On this section: Definition of lurking house trespass - cited to distinguish from house breaking; entry made surreptitiously
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 443
What have the courts held on Section 443 of the Indian Penal Code?
Hameed Khan and Anr. vs State (04 Mar 2014) is the leading judgment on this section among those set out below: Lurking house-trespass - Defined as house trespass with precautions to conceal from persons with right to exclude the trespasser. Court applied this definition to establish that appellants entered the dhani at night taking precautions to conceal their entry. Another 1 judgment on this section is set out below. They run from 2014 to 2023.
How do I find court cases under Section 443 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 443, section 443 IPC, section 443 of the Indian Penal Code. People searching for it also type 443 ipc punishment and 443 ipc in bns. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Hameed Khan and Anr. vs State (04 Mar 2014).
What should I read with Section 443 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 330 (House-trespass and hous-ebreaking), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 443 of the Indian Penal Code come into force?
Section 443 of the Indian Penal Code, cited as IPC 443, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.