Verified 2025 — BNS Bare Act

IPC 457 → BNS 331(4): Lurking Night (Offence)

IPC Section 457 (Lurking Night (Offence)) under the old Indian Penal Code 1860 is now covered under Section 331(4) of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

457

Lurking Night (Offence)

Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment

New Law — BNS 2023

331(4)

Lurking Night (Offence)

Punishment / Liability

Same - Up to 5 years (14 if theft)

Key Change / Note

Commonly used for night burglaries

Facing a case under BNS 331(4)?

Connect with a verified criminal lawyer for bail, FIR & defence under BNS 331(4).

What changed for IPC 457?

IPC 457 (Lurking Night (Offence)) — lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment — now maps to BNS Section 331(4). Key change: Commonly used for night burglaries. Punishment under BNS 331(4): Same - Up to 5 years (14 if theft).

IPC 457 (now BNS 331(4)): House-Breaking by Night to Commit an Offence

IPC Section 457 punishes lurking house-trespass or house-breaking by night with intent to commit an offence punishable with imprisonment. It is the classic "night burglary" charge. From 1 July 2024 it continues as Section 331(4) of the Bharatiya Nyaya Sanhita (BNS) 2023.

What IPC 457 / BNS 331(4) covers

The provision applies when a person breaks into, or lurks to trespass upon, a building, tent or vessel used as a human dwelling after sunset and before sunrise, intending to commit an offence punishable with jail. The "by night" element is what separates it from ordinary day-time house-trespass and makes the punishment heavier.

Punishment under BNS 331(4) (same as IPC 457)

General case: imprisonment up to 5 years, and fine.
If the offence intended is theft: the maximum rises to 14 years.

What changed?

Only the number — IPC 457 → BNS 331(4). The ingredients (night-time, dwelling, intent to commit a jailable offence) and the punishment slabs are retained. New FIRs cite BNS 331(4); cases begun before 1 July 2024 continue under IPC 457.

Practical notes

Advocates & police: the time of the offence (night) and the intended offence (especially theft) decide which punishment slab applies — plead it specifically.
Verify the exact wording against the official BNS bare act; consult a lawyer for bail and defence.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 457?

IPC Section 457 (Lurking Night (Offence)) is now covered under Section 331(4) of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 331(4)?

Same - Up to 5 years (14 if theft)

What is the key difference between IPC 457 and BNS 331(4)?

Commonly used for night burglaries

Is IPC 457 still valid in India?

No. The Indian Penal Code 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 on 1 July 2024. The lurking night (offence) offence earlier in IPC 457 is now governed by BNS 331(4) — pending IPC 457 cases continue, but new FIRs cite BNS 331(4).