IPC 441 BNS Equivalent: New Section and What Changed

What Changed From IPC 441 to BNS 329(1)?

Section 441 IPC corresponds to Section 329(1) BNS. The definition of criminal trespass is carried forward into Section 329(1) BNS without altering its essential elements. The punishing provision formerly in Section 447 IPC becomes Section 329(3) BNS, where the maximum fine rises from five hundred rupees to five thousand rupees.

IPC 441 vs BNS 329(1): Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	441	329(1)
Offence	Criminal trespass	Same
Punishment	None. Section 441 IPC defines criminal trespass and prescribes no punishment. Penalties are provided under Section 447 IPC for criminal trespass and under Section 448 to Section 460 IPC for aggravated forms.	None in Section 329(1) BNS, which defines criminal trespass. Under Section 329(3) BNS, criminal trespass is punishable with imprisonment of either description for a term which may extend to three months.
Fine	None. Section 441 IPC prescribes no fine. Fines are provided under Section 447 IPC for criminal trespass and under Section 448 to Section 460 IPC for aggravated forms.	None in Section 329(1) BNS. Under Section 329(3) BNS, criminal trespass is punishable with fine which may extend to five thousand rupees, or with both imprisonment and fine.
Bail	Non-Bailable	Same
Cognizance	Non-Cognizable	Same
Compoundable	Non-Compoundable	Same

IPC 441 and BNS 329(1): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 441, IPC 1860

441. Criminal trespass.—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 2023 (in force)

Section 329(1), BNS 2023

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.

Ingredients: IPC 441 vs BNS 329(1)

Under IPC 441

The property was in the possession of another person
The accused entered into or upon that property, or having lawfully entered into or upon that property, unlawfully remained there
The accused acted with intent to commit an offence, or to intimidate, insult or annoy the person in possession of such property

Under BNS 329(1)

Entering into or upon property in the possession of another
Alternatively, having lawfully entered into or upon such property, unlawfully remaining there
Intent to commit an offence, or to intimidate, insult or annoy the person in possession of such property

What IPC 441 to BNS 329(1) Means for Pending Cases

For Section 441 IPC (now Section 329(1) BNS): under Section 329(1) BNS, the definition of criminal trespass remains the same in substance as under Section 441 IPC. A charge for an act done after the BNS came into force cites Section 329(3) BNS for punishment rather than Section 447 IPC.

FAQs: IPC 441 to BNS 329(1)

What changed in the definition of criminal trespass when Section 441 IPC became Section 329(1) BNS?▼

The definition is unchanged in substance. Section 329(1) BNS preserves the definition formerly contained in Section 441 IPC, while the penalty for simple criminal trespass is enacted in Section 329(3) BNS with an increased fine limit.

Where does Section 441 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 329(1) BNS, in Chapter XVII, Of Offences Against Property, under the sub-heading Of Criminal Trespass.

Does Section 441 IPC or Section 329(1) BNS apply to an act done before 1 July 2024?▼

Section 441 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 441 IPC. Section 329(1) BNS governs acts done on or after 1 July 2024.

IPC 441 to BNS 329(1): Criminal trespass

IPC 441 to BNS 329(1) at a Glance