Section 459 of Indian Penal Code, 1860 – Explained!
The section requires either causing of grievous hurt or attempt to cause death or grievous hurt to any person whilst committing either lurking house-trespass or housebreaking. The offence under this section is very serious as is clear from the quantum of penalty prescribed. The Rajasthan High Court has held that causing of grievous hurt or attempt to cause death or grievous hurt is not limited to the point of entry on the property and it continues during the period the house-breaking lasts.
The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by court of session.