454. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment.
Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.
CLASSIFICATION OF OFFENCE
Para I : Punishment—Imprisonment for 3 years and fine—Cognizable—Non- bailable—Triable by any Magistrate—Non-compoundable.
Para II : Punishment—Imprisonment for 10 years and fine—Cognizable—Non- bailable—Triable by Magistrate of the first class—Non-compounded.
State of Tamil Nadu:
Section 454 of the principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely-
“(2) Whoever commits lurking house-trespass or house-breaking in any building used as a place of worship, in order to the committing of the offence of theft of any idol or icon from such building, shall notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than three years but which may extend to ten years and with fine which shall not be less than five thousand rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years”.
Vide Tamil Nadu Act No. 28 of 1993, section 4.