IPC 448 to BNS 329(4): Punishment for house-trespass
Section 448 IPC (1860) replaced by Section 329(4) BNS (2023)
IPC 448 to BNS 329(4) at a Glance
Section 448 IPC (Punishment for house-trespass) is now Section 329(4) 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 448 to BNS 329(4)?
Section 448 IPC is enacted in Section 329(4) BNS, while the definition of house-trespass is in Section 329(2) BNS. The prison term of up to one year and the option of fine or both are preserved. The maximum fine is increased from one thousand rupees to five thousand rupees.
IPC 448 vs BNS 329(4): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 448 | 329(4) |
| Offence | Punishment for house-trespass | Same |
| Punishment | Imprisonment of either description for up to one year. | Same |
| Fine | Fine of up to one thousand 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. |
| Bail | Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Compoundable | Same |
| Triable By | Any Magistrate | Same |
IPC 448 and BNS 329(4): Bare Act Text Side by Side
Section 448, IPC 1860
Section 329(4), BNS 2023
Ingredients: IPC 448 vs BNS 329(4)
- The accused committed 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 448 to BNS 329(4) Means for Pending Cases
FAQs: IPC 448 to BNS 329(4)
What changed in the punishment for house-trespass when Section 448 IPC became Section 329(4) BNS?▼
The prison term of up to one year is preserved, but the maximum fine is increased from one thousand rupees under Section 448 IPC to five thousand rupees under Section 329(4) BNS.
Where does Section 448 IPC sit in the Bharatiya Nyaya Sanhita?▼
It sits in Section 329(4) BNS, in Chapter XVII, Of Offences Against Property, under the sub-heading Of Criminal Trespass.
Does Section 448 IPC or Section 329(4) BNS apply to an act done before 1 July 2024?▼
Section 448 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 448 IPC. Section 329(4) 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 ·