Provision

If at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass by night or house-breaking by night, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.


Simply Put

The words “at the time of the committing of” are limited to the time during which the criminal trespass continues which forms an element in house-trespass, which is itself essential to house-breaking and cannot be extended so as to include any prior or subsequent time.

If the offender causes grievous hurt while running away, he will not be punishable under Section 460. The provisions of Section 460 can be invoked against only those who have actually committed lurking house-trespass at night and not against those who have merely accompanied their associates.

The offender under the section is awarded punishment with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.



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