Lurking house-trespass by night
Section 444 of the Indian Penal Code, 1860 deals with lurking house-trespass by night. Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit "lurking house-trespass by night". 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 lurking house-trespass after sunset and before sunrise, is said to commit "lurking house-trespass by night".
Section 444, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 331 Punishment for house-trespass or house-breaking Close, with changes 65%
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 The repealed enactment still governs what happened while it was in force.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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Garadi Madduleti vs State of A.p.
Court's Decision & Legal Precedent
The ratio decidendi of this judgment is: (1) Dacoity under Section 391 IPC requires proof that five or more persons conjointly committed or attempted to commit a robbery. If the evidence establishes that fewer than five persons participated, conviction under Section 396 IPC (dacoity with murder) cannot be sustained, even if other evidence suggests additional persons' involvement. (2) In criminal cases involving identification of strangers in night-time offences, a single eyewitness testimony can form the basis of conviction if it is unimpeachable, true, and trustworthy. (3) A properly conducted test identification parade by a Magistrate, where the witness correctly identifies the accused on multiple occasions, can corroborate and strengthen eyewitness testimony. (4) Delay in identification and trial, even spanning 15 years, does not necessarily discredit a witness's testimony if the witness's memory has been tested through a properly conducted identification parade and the witness has no motive to falsely implicate the accused. (5) Mere recovery of stolen or dacoit property from an accused person cannot by itself lead to an irresistible conclusion that the person participated in the commission of the offence; such recovery could indicate the person is a receiver of stolen property.
On this section: Definition of lurking house-trespass by night - cited to establish that the offence must be committed after sunset and before sunrise. The court applied this to the facts where the incident occurred at 12:30-1:00 AM on the intervening night of 18/19 December 1991.
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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 house breaking by night - cited to distinguish from lurking house trespass; entry made violently
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 444
What have the courts held on Section 444 of the Indian Penal Code?
Garadi Madduleti vs State of A.p. (21 Jun 2010) is the leading judgment on this section among those set out below: Definition of lurking house-trespass by night - cited to establish that the offence must be committed after sunset and before sunrise. The court applied this to the facts where the incident occurred at 12:30-1:00 AM on the intervening night of 18/19 December 1991. Another 1 judgment on this section is set out below. They run from 2010 to 2023.
How do I find court cases under Section 444 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 444, section 444 IPC, section 444 of the Indian Penal Code. People searching for it also type ipc 444 punishment and ipc 444 apk. 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 Garadi Madduleti vs State of A.p. (21 Jun 2010).
What should I read with Section 444 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 331 (Punishment for house-trespass or house-breaking), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 444 of the Indian Penal Code come into force?
Section 444 of the Indian Penal Code, cited as IPC 444, 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.