IPC 442 to BNS 329(2): House-trespass
Section 442 IPC (1860) replaced by Section 329(2) BNS (2023)
IPC 442 to BNS 329(2) at a Glance
Section 442 IPC (House-trespass) is now Section 329(2) BNS, in force from 1 July 2024. What changed is set out below.
What Changed From IPC 442 to BNS 329(2)?
Section 442 IPC corresponds to Section 329(2) BNS. The definition of house-trespass and its Explanation are carried forward into Section 329(2) BNS without substantive change. The separate punishing provision formerly in Section 448 IPC becomes Section 329(4) BNS, where the maximum fine rises from one thousand rupees to five thousand rupees.
IPC 442 vs BNS 329(2): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 442 | 329(2) |
| Offence | House-trespass | Same |
| Punishment | None. Section 442 IPC defines house-trespass and prescribes no punishment. The penalty for simple house-trespass is provided under Section 448 IPC, and aggravated forms are punished under Section 449 to Section 460 IPC. | None in Section 329(2) BNS, which defines house-trespass. Under Section 329(4) BNS, house-trespass is punishable with imprisonment of either description for a term which may extend to one year. |
| Fine | None. Section 442 IPC prescribes no fine. The fine for house-trespass is enacted in Section 448 IPC, and fines for aggravated forms are enacted in Section 449 to Section 460 IPC. | None in Section 329(2) BNS. Under Section 329(4) BNS, house-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 442 and BNS 329(2): Bare Act Text Side by Side
Section 442, IPC 1860
Section 329(2), BNS 2023
Ingredients: IPC 442 vs BNS 329(2)
- The commission of criminal trespass as defined in Section 441 IPC
- The criminal trespass was committed by entering into or remaining in the property
- The property entered or remained in was a building, tent or vessel used as a human dwelling, or a building used as a place for worship, or as a place for the custody of property
- Commission of criminal trespass as defined in Section 329(1) BNS
- Entering into or remaining in any building, tent or vessel used as a human dwelling
- Alternatively, entering into or remaining in any building used as a place for worship or for the custody of property
- Introduction of any part of the criminal trespasser's body into the property
What IPC 442 to BNS 329(2) Means for Pending Cases
FAQs: IPC 442 to BNS 329(2)
What changed in the definition of house-trespass when Section 442 IPC became Section 329(2) BNS?▼
The definition is unchanged in substance. Section 329(2) BNS repeats the definition and Explanation from Section 442 IPC, while the penalty for simple house-trespass is provided in Section 329(4) BNS with an increased fine limit.
Where does Section 442 IPC sit in the Bharatiya Nyaya Sanhita?▼
It sits in Section 329(2) BNS, in Chapter XVII, Of Offences Against Property, under the sub-heading Of Criminal Trespass.
Does Section 442 IPC or Section 329(2) BNS apply to an act done before 1 July 2024?▼
Section 442 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 442 IPC. Section 329(2) BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·