Bharatiya Nyaya Sanhita, 2023

BNS Section 329

Criminal trespass and house-trespass

In one line

BNS Section 329 deals with criminal trespass and house-trespass and replaces IPC 441 (now 329(1)), IPC 442 (now 329(2)), IPC 447 (now 329(3)), IPC 448 (now 329(4)).

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
329(3)Criminal trespass.Imprisonment for 3 months, or fine of 5,000 rupees, or both.Cognizable.Bailable.Any Magistrate.
329(4)House-trespass.Imprisonment for 1 year, or fine of 5,000 rupees, or both.Cognizable.Bailable.Any Magistrate.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 329

329. Criminal trespass and house-trespass.

(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 changed from the IPC

  • IPC 441 → BNS 329(1): IPC section is included as a sub-section.
  • IPC 442 → BNS 329(2): IPC section is included as a sub-section.
  • IPC 447 → BNS 329(3): The IPC section is included as a sub-section in the BNS sans heading.
  • IPC 447 → BNS 329(3): The fine increased from five hundred rupees to five thousand rupees.
  • IPC 448 → BNS 329(4): The IPC section is included as a sub-section in the BNS sans heading.
  • IPC 448 → BNS 329(4): The upper limit of the fine has been increased from one thousand to five thousand rupees.

Frequently asked

What was BNS Section 329 in the IPC?

BNS Section 329 (Criminal trespass and house-trespass) replaces Sections 441, 442, 447, 448 of the Indian Penal Code, 1860. IPC 441 is now BNS 329(1). IPC 442 is now BNS 329(2). IPC 447 is now BNS 329(3). IPC 448 is now BNS 329(4).

What is the punishment under BNS 329(3)?

Criminal trespass – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.

What is the punishment under BNS 329(4)?

House-trespass – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.

Is BNS 329 bailable?

Bailable: BNS 329(3), 329(4). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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