Verified 2025 — BNS Bare Act

IPC 458 → BNS 333: Lurking Night (Preparation)

IPC Section 458 (Lurking Night (Preparation)) under the old Indian Penal Code 1860 is now covered under Section 333 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

458

Lurking Night (Preparation)

Lurking house-trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint

New Law — BNS 2023

333

Lurking Night (Preparation)

Punishment / Liability

Same - Up to 14 years

Key Change / Note

No major change

Facing a case under BNS 333?

Connect with a verified criminal lawyer for bail, FIR & defence under BNS 333.

Quick Summary: IPC 458 vs BNS 333

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 458 (Lurking Night (Preparation)) is now mapped to BNS Section 333.

What did IPC 458 cover?

IPC 458 dealt with lurking night (preparation) — lurking house-trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 333: What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to lurking night (preparation) are filed under BNS Section 333. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 333

Same - Up to 14 years

Practical implications for advocates, police & citizens

Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 333 instead of IPC 458.
Police officers: Use BNS 333 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 458 ↔ BNS 333 mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 458?

IPC Section 458 (Lurking Night (Preparation)) is now covered under Section 333 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 333?

Same - Up to 14 years

What is the key difference between IPC 458 and BNS 333?

No major change

Is IPC 458 still valid in India?

No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.