BNS Section 329: Criminal trespass and house-trespass (formerly IPC 441, IPC 442, IPC 447 and IPC 448)
Bharatiya Nyaya Sanhita, 2023 · in force from 1 July 2024
BNS 329: Criminal trespass and house-trespass
From 1 July 2024
(1) Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence is said to commit criminal trespass.
(2) Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit house-trespass.
Explanation.—The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-trespass.
(3) Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
(4) Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.
What it replaced in the IPC
BNS 329(1) ← IPC 441 · Criminal trespassChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: IPC section is included as a sub-section.
Printed in both official correspondence tables (BPR&D and NCRB).
Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.
BNS 329(2) ← IPC 442 · House-trespassChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: IPC section is included as a sub-section.
Printed in both official correspondence tables (BPR&D and NCRB).
Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit “house-trespass”.
Explanation.—The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass.
BNS 329(3) ← IPC 447 · Punishment for criminal trespassChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: The IPC section is included as a sub-section in the BNS sans heading. The fine increased from five hundred rupees to five thousand rupees.
Printed in both official correspondence tables (BPR&D and NCRB).
Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
BNS 329(4) ← IPC 448 · Punishment for house-trespassChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: The IPC section is included as a sub-section in the BNS sans heading. The upper limit of the fine has been increased from one thousand to five thousand rupees.
Printed in both official correspondence tables (BPR&D and NCRB).
Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Which one applies
An offence is governed by the law in force when it was committed. An offence committed before 1 July 2024 is charged and punished under the IPC; one committed on or after that date, under the BNS. Section 358 of the BNS, which repeals the IPC, preserves every liability and proceeding already incurred under it.
Read BNS section 358 →Judgments decided under IPC 441
They remain the law on IPC 441. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nyaya Sanhita, 2023 to the Indian Penal Code, 1860, Bureau of Police Research & Development, Ministry of Home Affairs, page 34.
- Bharatiya Nyaya Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 66.
- The Indian Penal Code, 1860 (Act 45 of 1860), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.