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Bharatiya Nyaya Sanhita, 2023 Chapter XVII · Of Offences Against Property
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Bharatiya Nyaya Sanhita, 2023 — Section 329

Criminal Trespass and House-Trespass

Section 329 defines criminal trespass (entering or staying on another person’s property with a wrongful intent) and house-trespass (criminal trespass in a building, tent or vessel used as a human dwelling, or in a building used for worship or for keeping property), and fixes their punishments. Criminal trespass carries imprisonment of up to three months, or a fine of up to 5,000 rupees, or both; house-trespass carries up to one year, or a fine of up to 5,000 rupees, or both. The section brings together four sections of the Indian Penal Code, 1860 (441, 442, 447 and 448).

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau’s official BNS–IPC concordance (Sankalan Portal) and cross-checked directly against the bare text of both Acts. Section 329 is marked Change in the concordance — four separate provisions of the old Indian Penal Code, 1860 are brought together in this one section, and the fine limit has been raised in two of them. Section 329 as a whole consolidates four old sections, IPC Sections 441, 442, 447 and 448, into one, but each sub-section maps one-to-one to a single IPC section, so no row is itself a merger and each row is labelled by its own text comparison: rows (1) and (2) are Exact (drafting-level differences only, disclosed below), and rows (3) and (4) are Substantively changed because the fine limit has risen:

BNS sectionIPC, 1860 equivalentCategory
329(1) — criminal trespass (definition)S.441 “Criminal trespass”Exact
329(2) — house-trespass (definition, with Explanation)S.442 “House-trespass”Exact
329(3) — punishment for criminal trespassS.447 “Punishment for criminal trespass”Substantively changed
329(4) — punishment for house-trespassS.448 “Punishment for house-trespass”Substantively changed

Comparing the statutory texts word by word: (1) BNS 329(1) and IPC 441 use the same words in the same order. The only differences are that the IPC prints the defined term “criminal trespass” in quotation marks and has commas after “such property” (its first mention), “any such person” and “an offence”, which the BNS text does not have. (2) BNS 329(2) and its Explanation repeat IPC 442; the only differences are the quotation marks around “house-trespass” in the IPC and the punctuation after the word “Explanation”. (3) IPC 447 allowed imprisonment of either description for a term which may extend to three months, or a fine which may extend to five hundred rupees, or both; BNS 329(3) keeps the three months and the same three alternatives, but the fine limit is now five thousand rupees. (4) IPC 448 allowed imprisonment of either description for a term which may extend to one year, or a fine which may extend to one thousand rupees, or both; BNS 329(4) keeps the one year and the same three alternatives, but the fine limit is now five thousand rupees. The BNS presents the four provisions as sub-sections (1) to (4) of a single section, where the IPC had four separate sections.

Quick Reference

Sourced from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Section 359 of the BNSS.

Sub-sections (1) and (2) define the two offences and carry no punishment of their own; the First Schedule gives its classification rows for the punishing sub-sections (3) and (4).

329(3) — Criminal trespass. Punishment (First Schedule wording): “Imprisonment for 3 months, or fine of 5,000 rupees, or both”. Cognizable · Bailable · triable by any Magistrate · compoundable, without the Court’s permission, by the person in possession of the property trespassed upon (first table of BNSS Section 359(1)).

329(4) — House-trespass. Punishment (First Schedule wording): “Imprisonment for 1 year, or fine of 5,000 rupees, or both”. Cognizable · Bailable · triable by any Magistrate · compoundable, without the Court’s permission, by the person in possession of the property trespassed upon (first table of BNSS Section 359(1)).

Note on wording. The quotations above are the First Schedule’s own words for the row. The Schedule states each term as “Imprisonment for N years”; the statute’s own punishment clause fixes that number as the maximum term (“a term which may extend to…”), and where the Schedule says “and fine” the statute says the offender is “also liable to fine”. Both are stated here rather than one being converted into the other. The statute’s clauses also say “imprisonment of either description” and “fine which may extend to five thousand rupees”; the Schedule’s shorter form omits both phrases.

Statutory Text (Verbatim)

(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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

(1) Criminal trespass — the definition

Explanation (Lexovia's Commentary)

Sub-section (1) defines the term “criminal trespass”. It does not itself fix a punishment; that is done by sub-section (3). The definition has two forms, joined by “or”. In the first form, a person enters into or upon property in the possession of another with one of two kinds of intent: an intent to commit an offence, or an intent to intimidate, insult or annoy any person in possession of that property. In the second form, a person who has lawfully entered into or upon the property unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence. In both forms the conduct (entering, or remaining) has to be accompanied by one of the stated intents. On the words used, going onto another person’s property without any of those intents does not fall within the definition.

The property must be in the possession of another. The sub-section speaks of possession, not of ownership. Section 2 of the Sanhita defines “movable property” (clause (21)), but it does not define “property” on its own, nor the words “possession”, “intimidate”, “insult”, “annoy” or “unlawfully”; the sub-section uses those words as written. The phrase “any person in possession of such property” identifies the person at whom the intent must be directed in the first form, and “any such person” in the second form refers back to that same person.

The word “offence” has a special reading in this sub-section. Section 2(24)(b) provides that, in sub-section (1) of Section 329, the word “offence” shall have the same meaning when the act punishable under the special law or local law is punishable under such law with imprisonment for a term of six months or more, whether with or without fine. Sub-clause (a), which comes just before it, gives the word a wider meaning — a thing punishable under the Sanhita, or under any special law or local law — for the provisions it lists. Read together, and on the words of those two sub-clauses, an intended act made punishable by a special or local law can count as the intended “offence” here, but only where that law punishes it with imprisonment of six months or more.

The second form deals with a different situation. The person may have come onto the property lawfully (for example, as an invited guest) and then stays on unlawfully, with an intent to intimidate, insult or annoy the person in possession, or to commit an offence. The word “thereby” ties the intent to the remaining itself. The sub-section does not define when staying on becomes “unlawful”.

Criminal trespass is also mentioned in the Sanhita’s rules on the private defence of property. Section 43(d) provides that this right, as against criminal trespass or mischief, continues as long as the offender continues in the commission of criminal trespass or mischief. Section 42 provides that where the offence is theft, mischief or criminal trespass not of the descriptions specified in Section 41, the right does not extend to the voluntary causing of death, but does extend, subject to the restrictions in Section 37, to the voluntary causing to the wrong-doer of any harm other than death. Those sections carry their own conditions and should be read in full. Where the trespass is in a place of the kind listed in sub-section (2), the offence is house-trespass, dealt with next.

Illustration (Lexovia's Own Example)
Kavita is in possession of a fenced orchard plot on the edge of her village, and she is at the plot most afternoons supervising the harvest. There is no dwelling or other building on it. Deepak, who is angry over a boundary quarrel, climbs over the fence one afternoon, walks up to Kavita and shouts abuse at her in front of the pickers, meaning to humiliate her and frighten her into giving up her claim to the plot. Deepak has entered property in the possession of another with intent to insult and intimidate the person in possession of it, which is criminal trespass as defined in sub-section (1). If Deepak had instead come in at Kavita’s invitation to discuss the boundary, and then stayed on after she asked him to leave, meaning to intimidate her, the second form of the definition (lawful entry followed by unlawful remaining with that intent) would be the part of the sub-section to examine.

(2) House-trespass — criminal trespass in a dwelling, place of worship or place of custody

Explanation (Lexovia's Commentary)

Sub-section (2) defines “house-trespass”. It is not a separate kind of trespass built from scratch: it is criminal trespass, as defined in sub-section (1), committed by entering into or remaining in particular kinds of place. Every ingredient of sub-section (1) — property in another person’s possession, the entering or the unlawful remaining, and one of the stated intents — must therefore be present, and in addition the place must be of a kind the sub-section lists.

The listed places fall into three groups: (i) any building, tent or vessel used as a human dwelling; (ii) any building used as a place for worship; and (iii) any building used as a place for the custody of property. In each group the test is the use to which the structure is put, as the words “used as” show. On the wording of the sub-section, tents and vessels are named only in the first group, while the second and third groups speak of a “building”. Section 2(32) defines “vessel” as anything made for the conveyance by water of human beings or of property. Section 2 does not define “building”, “tent”, “human dwelling”, “place for worship” or “custody”, so the sub-section’s own words are the guide.

The Explanation printed under the sub-section says that the introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-trespass. A person need not go wholly inside: putting a hand, an arm or a foot across the threshold, with the intent required by sub-section (1), is entering for this purpose. The Explanation speaks of entering; it says nothing further about remaining.

House-trespass is the base for the more serious forms dealt with in the next sections of the Sanhita. Section 330 defines lurking house-trespass and house-breaking, both of which start from house-trespass; Section 331 punishes them; Section 332 punishes house-trespass committed in order to commit another offence; and Section 333 punishes house-trespass after preparation for hurt, assault or wrongful restraint. House-trespass also appears in the rules on private defence: Section 41(d) lists house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence if the right of private defence is not exercised, among the offences against which that right extends to the voluntary causing of death or any other harm to the wrong-doer, under the restrictions specified in Section 37. The punishment for house-trespass itself is in sub-section (4).

Illustration (Lexovia's Own Example)
Sulochana lives alone in a small house that she uses as her home. After a quarrel over an unpaid debt, Ramesh decides to frighten her into paying. On a weekday evening he walks up to her front door, which is standing open, and pushes his arm and shoulder through the doorway to grab the frame while calling for her to come out; a neighbour shouts at him and he retreats before going any further inside. The house is a building used as a human dwelling, and Ramesh’s entry was with intent to intimidate the person in possession of it. Under the Explanation, introducing part of his body is enough to count as entering, so Ramesh has committed house-trespass, punishable under sub-section (4). Had he stayed in the open yard and never put any part of himself inside the house, the facts would have to be looked at under sub-section (1) alone.
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(3) Punishment for criminal trespass

Explanation (Lexovia's Commentary)

Sub-section (3) fixes the punishment for criminal trespass as defined in sub-section (1): imprisonment of either description for a term which may extend to three months, or fine which may extend to five thousand rupees, or both. Three outcomes are open to the Court — imprisonment alone, fine alone, or both together — with a ceiling of three months on the imprisonment and 5,000 rupees on the fine. “Either description” refers to the two kinds of imprisonment listed in Section 4(c) of the Sanhita, rigorous (with hard labour) and simple, and Section 7 allows a Court that sentences an offender to imprisonment which may be of either description to direct that it be wholly rigorous, wholly simple, or partly one and partly the other.

This sub-section applies to criminal trespass as defined in sub-section (1) only. If the trespass was in a place of the kind described in sub-section (2), the offence is house-trespass and sub-section (4) applies. Sections 332 and 333 deal with house-trespass, not with criminal trespass in general, so they are not in play for a trespass on open land.

Under the BNSS First Schedule the offence is classified as cognizable, bailable and triable by any Magistrate. The Schedule’s explanatory notes read “cognizable” as meaning that a police officer may arrest without warrant, and state that “any Magistrate” does not include Executive Magistrates. The offence appears in the first table of BNSS Section 359(1), so it may be compounded, without the Court’s permission, by the person in possession of the property trespassed upon.

The old Indian Penal Code, 1860 (Section 447) allowed the same imprisonment of up to three months, but limited the fine to five hundred rupees. The Bharatiya Nyaya Sanhita raises that limit to five thousand rupees.

Illustration (Lexovia's Own Example)
Prakash runs a small stone quarry and quarrels with Ganesh, the farmer who is in possession of the uncultivated plot next to it. One morning Prakash walks onto Ganesh’s plot, plants himself in the path the farm workers use, and stays there for hours, intending to annoy Ganesh and his workers. A Magistrate finds him guilty of criminal trespass. Under sub-section (3) the Magistrate may sentence him to imprisonment of either description for up to three months, or to a fine of up to 5,000 rupees, or to both; a fine of 3,000 rupees alone, or two months’ simple imprisonment, would be within the sub-section, but imprisonment of six months would not. Ganesh, as the person in possession of the plot, is the person named in BNSS Section 359(1) who may compound the offence.

(4) Punishment for house-trespass

Explanation (Lexovia's Commentary)

Sub-section (4) fixes the punishment for house-trespass as defined in sub-section (2): imprisonment of either description for a term which may extend to one year, or fine which may extend to five thousand rupees, or both. Compared with sub-section (3), the imprisonment ceiling is one year rather than three months, while the fine limit is the same 5,000 rupees. As in sub-section (3), imprisonment alone, fine alone or both together may be imposed, and “either description” carries the Section 4(c) and Section 7 meaning explained under sub-section (3).

The sub-section applies to house-trespass as defined in sub-section (2). More serious forms are dealt with in the sections that follow: Section 331 provides the punishment for lurking house-trespass and house-breaking (defined in Section 330); Section 332 for house-trespass in order to commit an offence; and Section 333 for house-trespass after preparation for hurt, assault or wrongful restraint. Each of those sections fixes its own punishment, and for each the base term is longer than the one year in this sub-section.

Under the BNSS First Schedule the offence is classified as cognizable, bailable and triable by any Magistrate. It appears in the first table of BNSS Section 359(1), so it may be compounded, without the Court’s permission, by the person in possession of the property trespassed upon.

The old Indian Penal Code, 1860 (Section 448) allowed the same imprisonment of up to one year, but limited the fine to one thousand rupees. The Bharatiya Nyaya Sanhita raises that limit to five thousand rupees, the same figure as in sub-section (3).

Illustration (Lexovia's Own Example)
Sneha is the tenant in possession of a ground-floor flat. Arvind, her former business partner, walks in through her front door, which was standing open while she was at the market, sits down in her drawing room and stays there for three hours, intending to annoy her when she returns and make her feel unsafe in her own home. Arvind has entered and remained in property in another person’s possession with intent to annoy her, which is criminal trespass, and because the flat is a building used as a human dwelling, it is house-trespass under sub-section (2). On conviction, sub-section (4) allows imprisonment of either description for up to one year, or a fine of up to 5,000 rupees, or both; the three-month ceiling in sub-section (3) is not the applicable limit for these facts. Sneha, as the person in possession, is the person named in BNSS Section 359(1) who may compound the offence.
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Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

These judgment(s) relate to Section 329 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.

Sonu Choudary v. State of NCT of Delhi, 2024 INSC 864 (Supreme Court of India, Criminal Appeal No. 3111 of 2024, decided 6 November 2024, Bela M. Trivedi & Satish Chandra Sharma, JJ.)

Quoted Paragraphs (Verbatim)
Para No. 9
“Having regard to the said provisions contained in Sections 441, 442 read with 452, it appears that in order to convict a person for the offence under Section 452, it has to be proved beyond reasonable doubt that the accused had committed a house trespass within the meaning of Section 442, on he having made preparation for causing hurt to any person, or putting him under fear etc. The “house trespass” being an essential ingredient for convicting a person under Section 452, it has to be proved by the prosecution that the accused committed the house trespass and criminal trespass by entering into or unlawfully 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, as contemplated in Section 442 IPC.”
Para No. 10
“So far as the facts of the present case are concerned, admittedly, the incident had taken place in a restaurant run by the injured PW-1, Rajat, which cannot be said to be either a place used for human dwelling or for worship or for the custody of the property.”
What This Judgment Means (Lexovia's Commentary)

On 6 October 2014 a man went into a restaurant in Delhi, asked for a jug of water to drink alcohol, and, when the owner refused, took out a blade and injured him and a friend who intervened. He was convicted by the Trial Court, and the High Court upheld the conviction, for voluntarily causing hurt with a blade (old Section 324 of the Indian Penal Code) and for house-trespass after preparation for hurt (old Section 452).

The Supreme Court upheld the conviction for causing hurt but set aside the one for house-trespass. It read the definitions of criminal trespass and house-trespass (old Sections 441 and 442, now the definitions in Section 329) strictly: house-trespass requires entry into or unlawful remaining in a building, tent or vessel used as a human dwelling, as a place of worship, or as a place for the custody of property. A restaurant is none of these, so the trespass ingredient was not made out, however violent the conduct inside it.

Source: copy of the judgment obtained from the Supreme Court of India's official website.

Related / Cross-Referenced Sections

FAQs

What is the punishment under BNS Section 329?

Criminal trespass (sub-section (3)) is punishable with imprisonment of either description for up to three months, or a fine of up to 5,000 rupees, or both. House-trespass (sub-section (4)) is punishable with imprisonment of either description for up to one year, or a fine of up to 5,000 rupees, or both.

Is Section 329 bailable, and which court tries it?

Under the First Schedule to the BNSS, both criminal trespass (329(3)) and house-trespass (329(4)) are cognizable and bailable, and triable by any Magistrate. Both appear in the first table of BNSS Section 359(1), so they may be compounded without the Court’s permission by the person in possession of the property trespassed upon.

What is the difference between criminal trespass and house-trespass?

House-trespass is criminal trespass committed by entering into or remaining in a building, tent or vessel used as a human dwelling, or a building used as a place for worship or for the custody of property. Criminal trespass on other property is punished under sub-section (3); house-trespass under sub-section (4), which has the longer maximum term.

Is it enough to put only a hand or foot inside a house?

The Explanation to sub-section (2) says that the introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-trespass. The other ingredients of criminal trespass, including the required intent, must still be present.

Does walking onto someone’s property without permission always amount to criminal trespass?

On the words of sub-section (1), no: the entering (or the unlawful remaining) must be with one of the stated intents — to commit an offence, or to intimidate, insult or annoy the person in possession. Whether a particular set of facts fits depends on the facts of the case, and anyone facing a real situation should consult a licensed advocate.

Has anything changed from the Indian Penal Code, 1860?

The four IPC sections (441, 442, 447 and 448) are combined into this one section. The definitions use the same words; the imprisonment limits are unchanged (three months and one year), but the fine limit is now 5,000 rupees in both cases, against 500 rupees under IPC 447 and 1,000 rupees under IPC 448.

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