Legal provisions regarding Grievous hurt caused whilst committing lurking house- trespass or house-breaking under section 459 of Indian Penal Code, 1860.
Grievous hurt caused whilst committing lurking house- trespass or house-breaking:
The offence under Section 459 is the aggravated form of the offence under Section 453. Section 459 applies if the trespass causes to any person grievous hurt or attempts to cause death or grievous hurt during the commission of house-breaking and the offence continues so long as the trespasser remains on the property in possession of another.
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ADVERTISEMENTS:
1. The accused committed lurking house-trespass, or house breaking.
2. He caused grievous hurt, or attempted to cause death or grievous hurt to some person.
3. He did so whilst engaged in committing lurking house- trespass or house-breaking and not after the trespass was effected.
ADVERTISEMENTS:
The offence under Section 459 is cognizable and a warrant should, ordinarily, issue in the first instance. It is non-bailable as well as non-compoundable and is exclusively triable by the Court of Session.