IPC 447→BNS 329(3)

IPC 447 to BNS 329(3): Punishment for criminal trespass

Section 447 IPC (1860) replaced by Section 329(3) BNS (2023)

View IPC Section 447 →View BNS Section 329(3) →

IPC 447 to BNS 329(3) at a Glance

Section 447 IPC (Punishment for criminal trespass) is now Section 329(3) BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.

What Changed From IPC 447 to BNS 329(3)?

Section 447 IPC is enacted in Section 329(3) BNS, while the definition of criminal trespass is in Section 329(1) BNS. The prison term of up to three months and the option of fine or both are preserved. The maximum fine is increased from five hundred rupees to five thousand rupees.

IPC 447 vs BNS 329(3): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section447329(3)
OffencePunishment for criminal trespassSame
PunishmentImprisonment of either description for up to three months.Same
FineFine of up to five hundred rupees. The court may impose fine alone, or both imprisonment and fine.Fine of up to five thousand rupees. The court may impose fine alone, or both imprisonment and fine.
BailBailableSame
CognizanceCognizableSame
CompoundableCompoundableSame
Triable ByAny MagistrateSame

IPC 447 and BNS 329(3): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 447, IPC 1860

447. Punishment for criminal trespass.—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 hundred rupees, or with both.
BNS 2023 (in force)

Section 329(3), BNS 2023

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.

Ingredients: IPC 447 vs BNS 329(3)

Under IPC 447
  1. The property was in the possession of another person
  2. The accused entered into or upon that property, or having entered lawfully, unlawfully remained there
  3. The entry or unlawful remaining was with intent to commit an offence, or to intimidate, insult or annoy the person in possession of the property
Under BNS 329(3)
  1. Entering into or upon property in the possession of another person
  2. Alternatively, having lawfully entered into or upon such property, unlawfully remaining there
  3. Intent to commit an offence, or to intimidate, insult or annoy the person in possession of such property

What IPC 447 to BNS 329(3) Means for Pending Cases

For Section 447 IPC (now Section 329(3) BNS): under Section 329(3) BNS, the elements of criminal trespass are unchanged from Section 447 IPC, but the maximum fine is raised to five thousand rupees. A charge for an act done after the BNS came into force cites Section 329(3) BNS.

FAQs: IPC 447 to BNS 329(3)

What changed in the punishment for criminal trespass when Section 447 IPC became Section 329(3) BNS?▼

The prison term of up to three months is preserved, but the maximum fine is increased from five hundred rupees under Section 447 IPC to five thousand rupees under Section 329(3) BNS.

Where does Section 447 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 329(3) BNS, in Chapter XVII, Of Offences Against Property, under the sub-heading Of Criminal Trespass.

Does Section 447 IPC or Section 329(3) BNS apply to an act done before 1 July 2024?▼

Section 447 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 447 IPC. Section 329(3) 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 ·