Section 458 of Indian Penal Code, 1860 – Explained!
The section requires commission of lurking house-trespass by night or housebreaking by night. This must be done after having made preparation for causing hurt, or for assaulting, or for wrongfully restraining, any person, or for putting any person in fear of hurt, assault or wrongful restraint.
Where four accused persons entered a girls’ hostel at around midnight openly and without concealing themselves, and bodily lifted by force a young girl inmate, took her to a field some distance away and gang raped her, this section was held to be not applicable as they had not taken precautions to conceal the house-trespass, but they were all held guilty under sections 376, 366, 324 and 506 read with section 34 with each of the above- mentioned sections, and each of them was sentenced to ten years’ imprisonment.
The offence under section 458 is cognizable, non-bailable and non-compoundable, and is triable by magistrate of the first class.