BBanaka

BNS Section 329: Criminal trespass and house-trespass

Bharatiya Nyaya Sanhita, 2023 · Chapter 17: Of Offences Against Property - Of theft - Of extortion - Of robbery and dacoity - Of criminal misappropriation of property - Of criminal breach of trust - Of receiving stolen property - Of cheating - Of fraudulent deeds and dispositions of property - Of mischief - Of criminal trespass

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329.
(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.

Study: explanations and related material

Replaces IPC 441, IPC 442, IPC 447, IPC 448. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

329(3)Criminal trespass.

Punishment
Imprisonment for 3 months, or fine of 5,000 rupees, or both.
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Any Magistrate

329(4)House-trespass.

Punishment
Imprisonment for 1 year, or fine of 5,000 rupees, or both.
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Any Magistrate

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 185. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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