Section 329 BNS: Criminal trespass and house-trespass

Bharatiya Nyaya Sanhita, 2023

Section 329 BNS at a Glance

Section 329 BNS deals with criminal trespass and house-trespass. It replaced Sections 441, 442, 447 and 448 IPC on 1 July 2024.

Punishment

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.

IPC Equivalent

Section 441 →

Section 329 BNS Bare Act Text

(1) 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”.

(2) Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit “house-trespass”.

Explanation.

The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-trespass.

(3) 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.

(4) Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

Source: Section 329, Bharatiya Nyaya Sanhita, 2023

Section 329 BNS in the IPC (Previous Law)

Section 329 BNS replaced Sections 441, 442, 447 and 448 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 329 BNS

Under Section 329(1) BNS, is every unauthorised entry treated as criminal trespass?▼

No. The law requires a specific criminal intention, such as intent to commit an offence, intimidate, insult, or annoy the person in possession. A mere civil dispute over property does not automatically become a criminal case.

Can a tenant be booked under Section 329(1) BNS?▼

Yes, in some situations. If a tenant or former tenant stays on in the premises after the right to remain has ended, and the required intention is shown, this section can apply. The facts and notice history matter a lot.

Under Section 329(1) BNS, what if someone entered by mistake?▼

If the entry was genuinely accidental and there was no criminal intention, this section usually will not apply. The prosecution must prove the mental element, not just physical entry.

Is the offence under Section 329(1) BNS serious in bail terms?▼

It is generally a bailable offence, so bail is usually available as a matter of right. It is also non-cognizable, which means police normally need proper legal basis before acting, and the matter often proceeds with a complaint rather than direct arrest.

What is house-trespass under Section 329(2) of the Bharatiya Nyaya Sanhita?▼

House-trespass means criminal trespass in a building, tent or vessel used as a human dwelling, or in a building used for worship or for custody of property. So, it is not just entering someone else’s property, but doing so in these specific places with the intent mentioned in the law.

What has to be proved for house-trespass under Section 329(2) BNS?▼

It must be shown that there was criminal trespass first. That means entering another person’s property, or lawfully entering and then unlawfully remaining there, with intent to commit an offence or to intimidate, insult or annoy the person in possession. It must also be a building, tent or vessel used as a dwelling, or a building used for worship or custody of property.

Under Section 329(2) BNS, is putting just a hand or foot inside enough for house-trespass?▼

Yes. The Explanation says that introduction of any part of the trespasser’s body is enough to count as entering for house-trespass. So even partial entry can be sufficient under the section.

What punishment is given for house-trespass under Section 329(2) BNS?▼

House-trespass is punishable under Section 329(4) BNS. The punishment may extend to imprisonment for one year, or fine up to five thousand rupees, or both. Criminal trespass by itself has a lower punishment under Section 329(3) BNS.

What is criminal trespass under Section 329(3) BNS?▼

Criminal trespass means entering someone else’s property with intent to commit an offence, or to intimidate, insult or annoy the person in possession. It also covers a person who entered lawfully but then unlawfully stays there with that intent. Under Section 329(3) BNS, the punishment may extend to three months’ imprisonment, or fine up to five thousand rupees, or both.

Under Section 329(3) BNS, what is the difference between criminal trespass and house-trespass?▼

Criminal trespass is about wrongful entry into or unlawful remaining on property with the required intent. House-trespass is a more specific form of criminal trespass where the place is a building, tent or vessel used as a human dwelling, a place of worship, or a place for custody of property. Under Section 329(4) BNS, house-trespass may be punished with imprisonment up to one year, or fine up to five thousand rupees, or both.

Is Section 329(3) BNS bailable?▼

Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.

Under Section 329(3) BNS, what must be proved to make out criminal trespass?▼

The text requires proof of entry into property in another person’s possession, or unlawful remaining there after lawful entry, along with intent to commit an offence or to intimidate, insult or annoy the person in possession. So mere entry by itself is not enough under the bare text. The intention at the time of entry or unlawful remaining is part of the offence.

Under Section 329(3) BNS, can even partial entry into a house amount to house-trespass?▼

Yes. The explanation says that introduction of any part of the trespasser’s body is enough to count as entering for house-trespass. So full physical entry is not required if the other ingredients of Section 329 BNS are present.

What is house-trespass under Section 329(4) BNS?▼

House-trespass means criminal trespass into a building, tent or vessel used as a human dwelling, a place of worship, or a place for custody of property. It covers entering with intent to commit an offence or to intimidate, insult or annoy the person in possession, and it also covers unlawfully remaining there with that intent.

What has to be proved for house-trespass under Section 329(4) BNS?▼

It must be shown that the person committed criminal trespass and that the place was a dwelling, place of worship, or place where property is kept. The text also requires the intent to commit an offence, or to intimidate, insult or annoy the person in possession. Even entry of any part of the body is enough to count as entering.

What is the punishment for house-trespass under Section 329(4) BNS?▼

The punishment can be imprisonment of either description for up to one year, or fine up to five thousand rupees, or both. This is the punishment specifically given in Section 329(4) BNS for house-trespass.

What is the difference between criminal trespass and house-trespass under Section 329 BNS?▼

Criminal trespass under Section 329(1) BNS is entering someone else's property, or unlawfully remaining there, with the required intent. House-trespass under Section 329(2) BNS is a narrower form of criminal trespass that happens in a dwelling, place of worship, or place for custody of property. The punishment for criminal trespass is up to three months, while house-trespass is up to one year.

Section 329 BNS: Sub-sections Explained

Section 329(1) BNS: Criminal trespass

▶

Bare Act Text

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.

Explained in Simple Words

Section 329 BNS of the Bharatiya Nyaya Sanhita (BNS) defines criminal trespass. It applies when a person enters into property, or remains on property, with intent to commit an offence, to intimidate, insult, or annoy the person in possession, or after lawfully entering, unlawfully remains there with such intent. The section is not limited to houses.

It can cover land, buildings, enclosed spaces, and other property in possession of someone else. In practical terms, this section matters because not every unauthorised entry is a criminal case. The prosecution must show the required intention or that the person stayed back unlawfully with that intention.

A simple property dispute, without the necessary criminal intent, may not be enough. This provision is often used in disputes involving neighbours, tenants, former employees, relatives, or anyone who refuses to leave premises after permission has been withdrawn.

Key Ingredients

  • 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

Punishment

🔒 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.

💰 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.

Section 329(1) BNS is a definition provision and prescribes no punishment itself. Under Section 329(3) BNS, criminal trespass carries imprisonment of either description for up to three months, or fine up to five thousand rupees, or both.

Real-World Example

At an open timber yard in Indore, Gopal was in lawful possession of the premises. Suresh entered the yard without permission, intending to intimidate and insult Gopal during a dispute over a commercial debt. Suresh committed criminal trespass as defined in Section 329(1) BNS. The punishment for his act is under Section 329(3) BNS.

When This Does Not Apply

  • The property entered or remained upon was not in the possession of another person
  • The accused neither entered into or upon the property nor unlawfully remained there after a lawful entry
  • The accused had no intent to commit an offence and no intent to intimidate, insult or annoy the person in possession of the property

Previous Law

IPC 441 → Section 329(1) BNS

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.

Section 329(2) BNS: Criminal trespass and house-trespass

▶

Bare Act Text

(2) Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit “house-trespass”.

Explanation.

The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-trespass.

Explained in Simple Words

Section 329(2) of the Bharatiya Nyaya Sanhita (BNS) defines the offence of house-trespass. It applies to any person who commits criminal trespass by entering into or remaining in any building, tent, or vessel used as a human dwelling, or any building used as a place for worship or as a place for the custody of property.

Because this sub-section is a definitional provision, Section 329(2) BNS prescribes no punishment itself. Instead, the punishment for house-trespass is set out separately in Section 329(4) BNS. For Section 329(2) BNS to apply, the underlying requirements of criminal trespass under Section 329(1) BNS must first be satisfied, meaning the entry onto property in another person's possession, or unlawful remaining there after a lawful entry, must be done with intent to commit an offence or to intimidate, insult, or annoy any person in possession.

The Explanation to Section 329(2) BNS clarifies an important rule about what counts as entry. Introducing any part of the criminal trespasser's body, such as reaching a hand or foot inside a window or doorway, is sufficient entry to constitute house-trespass.

Key Ingredients

  • Entry into or upon property in another's possession, or unlawful remaining after lawful entry
  • Intent to commit an offence, or to intimidate, insult or annoy the person in possession
  • The trespass is by entering into or remaining in a building, tent or vessel used as a human dwelling
  • Or the place entered is a building used for worship or for custody of property
  • Even introduction of any part of the body is sufficient entry for house-trespass

Punishment

🔒 None prescribed by this sub-section.

💰 None prescribed by this sub-section.

Section 329(2) BNS defines house-trespass as committing criminal trespass in a human dwelling, place of worship, or place for the custody of property, and prescribes no punishment itself.

Real-World Example

Late one evening near Varanasi, Manoj went to Bhavna’s locked storeroom behind her house after an argument over money. He pushed his arm through a broken window latch and then climbed inside, intending to frighten Bhavna and take away some cartons kept there. Sanjay, a neighbour, saw him inside the room and called Bhavna. This fits the section because Manoj entered a building used for the custody of property, which was in Bhavna’s possession, and his entry was with intent to intimidate and to commit an offence.

When This Does Not Apply

  • A person enters another’s property by mistake, without intent to commit an offence or to intimidate, insult or annoy anyone
  • A guest lawfully enters a house and stays there without any intent to intimidate, insult, annoy or commit an offence
  • Someone stands outside a house and shouts abuses from the road without entering or unlawfully remaining in the building
  • Entry into open land alone may amount to criminal trespass, but not house-trespass, if it is not a building, tent or vessel used as a dwelling, worship or custody of property

Previous Law

IPC 442 → Section 329(2) BNS

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.

Section 329(3) BNS: Punishment for criminal trespass

▶

Bare Act Text

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.

Explained in Simple Words

Section 329(3) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for criminal trespass as defined in Section 329(1) BNS. Whoever commits criminal trespass is punishable 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.

Key Ingredients

  • Entering into or upon property in the possession of another person
  • 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

Punishment

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for up to three months.

💰 Fine of up to five thousand rupees. The court may impose fine alone, or both imprisonment and fine.

Criminal trespass carries imprisonment of either description for up to three months, or fine up to five thousand rupees, or both.

Real-World Example

Near Vijayawada, Priya was in lawful possession of a fenced mango orchard. Aditya climbed over the boundary wall without permission, intending to intimidate Priya and pick her fruit during a boundary disagreement. Aditya committed criminal trespass, and his act is punishable under Section 329(3) BNS.

When This Does Not Apply

  • The property was not in the possession of another person
  • The accused neither entered into or upon the property nor unlawfully remained there
  • The entry or remaining was made without intent to commit an offence and without intent to intimidate, insult or annoy the person in possession

Previous Law

IPC 447 → Section 329(3) BNS

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.

Section 329(4) BNS: Criminal trespass and house-trespass

▶

Bare Act Text

(4) Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

Explained in Simple Words

Section 329(4) of the Bharatiya Nyaya Sanhita (BNS) lays down the punishment for committing house-trespass. It applies to any person who commits house-trespass as defined in Section 329(2) BNS, which is criminal trespass committed by entering into or remaining in a building, tent, or vessel used as a human dwelling, or a building used for worship or for the custody of property.

Under Section 329(4) BNS, whoever commits house-trespass shall be punished with imprisonment of either description, whether simple or rigorous, for a term which may extend to one year, or with a fine which may extend to five thousand rupees, or with both. The court therefore has discretion to impose imprisonment alone, a fine alone up to five thousand rupees, or both together.

For a reader, two points are helpful. First, to be punished under this sub-section, the offender must have acted with the intent required for criminal trespass under Section 329(1) BNS, namely to commit an offence or to intimidate, insult, or annoy the person in possession. Second, because the trespass targets a protected structure rather than open land, the maximum prison term is one year instead of the three months prescribed for ordinary criminal trespass under Section 329(3) BNS.

Key Ingredients

  • There is criminal trespass as defined in the section
  • The entry or remaining is in a building, tent or vessel
  • That place is used as a human dwelling, place for worship, or custody of property
  • The accused entered with intent to commit an offence or to intimidate, insult or annoy
  • Or, after lawful entry, the accused unlawfully remained with that intent

Punishment

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for a term which may extend to one year.

💰 The offender may be punished with fine of up to five thousand rupees alone, or with both imprisonment and fine.

Whoever commits house-trespass is punishable under Section 329(4) BNS with imprisonment of either description for up to one year, or with fine up to five thousand rupees, or with both.

Real-World Example

Late at night near Vijayawada, Arjun climbed through the half-open window of Divya’s small rented house after she had told him not to come there again. He entered to frighten and insult her during a property dispute involving Prakash, who kept some documents in the house. Even if only part of Arjun’s body first came inside, that was enough entry. Since he committed criminal trespass by entering a building used as a human dwelling and a place for custody of property, this falls within house-trespass under the section.

When This Does Not Apply

  • Entering another’s open field or plot with the required intent, but not any building, tent or vessel used in the ways stated
  • Entering a house with the occupier’s permission and leaving when asked, without unlawfully remaining and without intent to commit an offence or to intimidate, insult or annoy
  • Mere accidental entry into a building without the required intent
  • Standing outside a house and shouting abuse without entering into or upon the property or unlawfully remaining there

Previous Law

IPC 448 → Section 329(4) BNS

Section 448 IPC corresponds to Section 329(4) BNS, while the definition of house-trespass is in Section 329(2) BNS. The imprisonment term of up to one year and the option of fine or both are preserved, and the maximum fine is increased from one thousand rupees to five thousand rupees.

Have questions about Section 329 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·