What is Lurking House-Trespass (Section 330(1) BNS)?

A person commits lurking house-trespass when they enter or remain in a building, tent, or vessel without permission and take steps to hide their presence from someone who has the legal right to stop them from entering or to remove them.

Examples of Lurking House-Trespass

1) A thief enters a house at night by quietly opening a window and making sure no one sees him. He hides behind furniture when someone passes by.

2) A enters a warehouse used for storing goods. He waits until the guard walks away and then sneaks inside, hiding behind shelves so no one can see him.

3) A man enters a residential building wearing a disguise to avoid being recognized, intending to steal.

4) A person sneaks into a temple through a side door early in the morning, hiding behind pillars to avoid being noticed by the caretaker, intending to commit theft.

5) A trespasser quietly slips into a house while the door is slightly open and hides in a dark corner to avoid detection.

Essentials (Ingredients) of Lurking House-Trespass

To constitute lurking house-trespass, the following conditions must be present:

1. Commission of House-Trespass

• The accused must first commit house-trespass, meaning:
  • unlawful entry or staying,
  • into a dwelling, place of worship, or building used for custody of property,
  • with intention to commit an offence or to intimidate/insult/annoy.

2. Taking Precautions to Conceal Trespass

• The accused must take steps to hide their presence or conceal the trespass from:
  • the person who has the right to prevent entry, or
  • the person who could eject the trespasser.

3. Intention Behind Concealment

• The concealment must be done intentionally, to avoid being noticed, caught, or stopped.

In simple words: House-trespass + hiding oneself = Lurking House-Trespass.