IPC 457 Ingredients
Let us first discuss the provisions of law relevant for the purpose of this case. Section 457 IPC prescribes punishment for lurking house trespass or house breaking by night in order to commit offence punishable with imprisonment. The essential ingredients to constitute the offence of house breaking at night are:-
1. The accused should have entered into the property which is in possession of another.
2. There should be an intention to commit an offence on part of the accused.
3. Such property should be any building / tent/ vessel used for human dwelling on place for worship or for custody of property.
4. Entry into the house should have been effected by the accused in any one of the six ways as defined under Section 454 IPC.