IPC 449 to BNS 332(a): House-trespass in order to commit offence punishable with death
Section 449 IPC (1860) replaced by Section 332(a) BNS (2023)
IPC 449 to BNS 332(a) at a Glance
Section 449 IPC (House-trespass in order to commit offence punishable with death) is now Section 332(a) BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.
What Changed From IPC 449 to BNS 332(a)?
Section 449 IPC corresponds to Section 332(a) BNS. Section 332 BNS consolidates house-trespass according to the gravity of the intended offence into three clauses. The elements and the punishment of imprisonment for life, or rigorous imprisonment for a term not exceeding ten years, and liability to fine remain unchanged.
IPC 449 vs BNS 332(a): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 449 | 332(a) |
| Offence | House-trespass in order to commit offence punishable with death | Same |
| Punishment | Imprisonment for life, or rigorous imprisonment for a term not exceeding ten years. | Same |
| Fine | The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Court of Session | Same |
IPC 449 and BNS 332(a): Bare Act Text Side by Side
Section 449, IPC 1860
Section 332(a), BNS 2023
Ingredients: IPC 449 vs BNS 332(a)
- The accused committed house-trespass as defined in Section 442 IPC
- The house-trespass was committed in order to the committing of an offence
- The offence intended to be committed was punishable with death
- Commission of house-trespass as defined in Section 329(2) BNS
- The trespass was committed in order to commit an offence
- The offence intended to be committed is punishable with death
What IPC 449 to BNS 332(a) Means for Pending Cases
FAQs: IPC 449 to BNS 332(a)
What changed from Section 449 IPC to Section 332(a) BNS?▼
The offence and punishment are unchanged. Section 332(a) BNS reproduces Section 449 IPC as the first clause of a consolidated section covering house-trespass to commit offences.
Where does Section 449 IPC sit in the Bharatiya Nyaya Sanhita?▼
It sits in Section 332(a) BNS, in Chapter XVII, Of Offences Against Property, under the sub-heading Of Criminal Trespass.
Does Section 449 IPC or Section 332(a) BNS apply to an act done before 1 July 2024?▼
Section 449 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 449 IPC. Section 332(a) 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 ·