Section 456 in The Indian Penal Code, 1860
456. Punishment for lurking house-trespass or house-breaking by night.—
Whoever commits lurking house
under Sections 121,
121A, 122, Section 120B read with Sections 302 & 307 read with Section 120-
B IPC ... Sections (2), (3) & (5) of Section 3 and Section 4(b) of POTA and
Sections 3 & 4 of Explosive
commission of
offences punishable under Section 120-B, Section 406 , 20 , 467 , 468 and
471 IPC against the accused persons ... supra) wherein the accused was charged under Section 120-B read with
Section 420 IPC only. After so stating
where such contempt is an offence
punishable under the Indian Penal Code ."
The contention before this Court was that the
allegations made ... court are punishable as contempt under specific provisions
of the Indian Penal Code , but not where these acts merely
amount to offences of other
Section 34 IPC and Section 306 read with Section 34 IPC
against both the appellants ... that Section 423(1)(b)(i) of Code of Criminal Procedure, 1898 (which
corresponds to Section 386(b)(i) of Code of Criminal
CITATOR INFO :
D 1973 SC2313 (10)
ACT:
Indian Penal Code (Act XLV of 1860), s. 361-"Take out of
keeping of the lawful ... lawful guardian within the meaning of s. 361 of the Indian
Penal Code (Act XLV of 1860). Something more had to be done
punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely - (i) Sections 121 to 126, both ... mischief against property); (x) Sections 449 and 450 (that is to say, offences of house-trespass); (xi) Sections 456 to 460, both inclusive
case
within any of the General Exceptions in the Indian Penal
Code , or within any special exception or proviso contained
in any other part ... accused relies upon the General Excep-
tions in the Indian Penal Code or on any special
590
exception or proviso contained in any other
under Section 482 Cr.P.C. The learned Single Judge, while
quashing the charges under Sections 498-A and 304-B ... appellants under Section 482 of the Cr.P.C. for
quashing the charges under Section 306 I.P.C. against them. The
High
retained, appellant No.1 was summoned under
Section 498A and Section 323 IPC. Appellants 2 to 5 were not
summoned ... people all across India were arrested
under Section 498A , Indian Penal Code. The Report
further shows that approximately a quarter of those
arrested