Section 459 of the Indian Penal Code (IPC)

Section 459 of the Indian Penal Code (IPC) deals with the offence of “grievous hurt caused in committing house-trespass.” This section is closely related to the offence of house-trespass, which is defined under Section 442 of the IPC.

Let’s take a closer look at Section 459 of the IPC, its punishment, and some relevant case studies and examples.

Section 459: Grievous hurt caused in committing house-trespass
According to Section 459 of the IPC, if a person commits house-trespass (as defined under Section 442) and thereby causes grievous hurt to any person who is present in the house, then the person committing the offence 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 a fine.

Punishment for the Offence
The punishment for the offence under Section 459 of the IPC is severe, with the maximum sentence being imprisonment for life, along with a fine. The term of imprisonment may extend up to ten years.

Case Study
In the case of State of Maharashtra vs Madhukar Narayan Mardikar (2000), the accused had entered the victim’s house with the intent to commit theft. The accused was armed with a knife, and he inflicted several injuries on the victim, causing him grievous hurt. The accused was convicted under Sections 457 and 459 of the IPC and sentenced to imprisonment for life. The court held that the accused had committed the offence of house-trespass with the intention of committing theft and had caused grievous hurt to the victim in the process, which is an offence under Section 459 of the IPC.

Example
Suppose that a person unlawfully enters a house with the intent to steal. While committing the theft, the person also causes grievous hurt to the homeowner. In this scenario, the person has committed the offence of house-trespass with the intention of committing theft, which is punishable under Section 442 of the IPC. Additionally, since the person has caused grievous hurt to the homeowner, the offence falls under Section 459 of the IPC, and the person can be punished with imprisonment for life or imprisonment of either description for a term that may extend to ten years, along with a fine.

In conclusion, Section 459 of the Indian Penal Code is a crucial provision that deals with the offence of grievous hurt caused during house-trespass. The offence is a serious one, and the punishment for the same is severe. Offenders must be aware of the consequences of committing such offences and refrain from engaging in criminal activities.

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