Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment
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Summary
Entering a dwelling by lurking or by breaking in, with the intention of committing an offence punishable with imprisonment, is a criminal act. The offender may be sentenced to imprisonment for up to three years and fined. If the intended offence was theft, the imprisonment may be extended to up to ten years.
Example
Ravi sneaks into a neighbour's house at night intending to take jewellery. Because he entered by lurking to commit theft, he can be punished with imprisonment that may extend up to ten years, and a fine.
Bare Act
Enacted textWhoever commits lurking house-trespass or house-breaking, 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 three 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 ten years.
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