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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter XVII: Of Offences Against Property

Section 329 BNS: Criminal trespass and house-trespass

Corresponding IPC
Section 441, 442, 447, 448 IPC
Punishment
Criminal trespass: up to 3 months, or fine up to Rs 5,000, or both; house-trespass: up to 1 year, or fine up to Rs 5,000, or both
Note
Merges IPC 441, 442, 447 and 448; fine for criminal trespass capped at Rs 5,000.

Classification of offence

SectionCognizable?Bailable?Triable by
329(3)CognizableBailableAny Magistrate
329(4)CognizableBailableAny Magistrate

As per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Bare Act text

(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.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Criminal trespass is entering or remaining on another's property with intent to commit an offence or to intimidate, insult or annoy. House-trespass is criminal trespass in a dwelling, place of worship or building for custody of property; entry of any part of the body suffices.

Chapter XVII: Of Offences Against Property

  1. 303 Theft
  2. 304 Snatching
  3. 305 Theft in a dwelling house, or means of transportation or place of worship, etc
  4. 306 Theft by clerk or servant of property in possession of master
  5. 307 Theft after preparation made for causing death, hurt or restraint in order to committing of theft
  6. 308 Extortion
  7. 309 Robbery
  8. 310 Dacoity
  9. 311 Robbery, or dacoity, with attempt to cause death or grievous hurt
  10. 312 Attempt to commit robbery or dacoity when armed with deadly weapon
  11. 313 Punishment for belonging to gang of robbers, etc
  12. 314 Dishonest misappropriation of property
  13. 315 Dishonest misappropriation of property possessed by deceased person at the time of his death
  14. 316 Criminal breach of trust
  15. 317 Stolen property
  16. 318 Cheating
  17. 319 Cheating by personation
  18. 320 Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
  19. 321 Dishonestly or fraudulently preventing debt being available for creditors
  20. 322 Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
  21. 323 Dishonest or fraudulent removal or concealment of property
  22. 324 Mischief
  23. 325 Mischief by killing or maiming animal
  24. 326 Mischief by injury, inundation, fire or explosive substance, etc
  25. 327 Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden
  26. 328 Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc
  27. 329 Criminal trespass and house-trespass
  28. 330 House-trespass and hous-ebreaking
  29. 331 Punishment for house-trespass or house-breaking
  30. 332 House-trespass in order to commit offence
  31. 333 House-trespass after preparation for hurt, assault or wrongful restraint
  32. 334 Dishonestly breaking open receptacle containing property