Whoever commits lurking house-trespass by night, or house-breaking by night, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.
CLASSIFICATION OF OFFENCE
Para I
Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
Para II
Punishment—Imprisonment for 14 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class.
STATE AMENDMENT
Tamil Nadu
Section 457 shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:—
“(2) Whoever commits lurking house-trespass by night or house-breaking by night in any building used as a place of worship, in order to the committing of the offence of theft of any idol or icon from such building, shall, notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than three years but which may extend to fourteen years and with fine which shall not be less than five thousand rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years.”
[Vide Tamil Nadu Act 28 of 1993, sec. 5 (w.e.f. 13-7-1993)].
Uttar Pradesh
Section 457 shall be renumbered as sub-section (1) of that section and after sub section (1) as so renumbered, the following sub-section shall be added namely—
“(2) Whoever commits lurking house trespass by night or house breaking by night in any building used as a place of worship in order to the committing of the offence of theft of any idol or icon from such buildings shall notwithstanding any thing contained in sub-section (1) be punished with rigorous imprisonment which shall not be less than three years but which may extend to fourteen years and with fine which shall not be less than five thousand rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years.”
[Vide Uttar Pradesh Act 24 of 1995, sec. 11].