Section 441 IPC: Criminal trespass

Indian Penal Code, 1860

Section 441 IPC at a Glance

Section 441 IPC deals with criminal trespass. From 1 July 2024 it is replaced by Section 329(1) BNS.

Punishment

None. Section 441 IPC defines criminal trespass and prescribes no punishment. Penalties are provided under Section 447 IPC for criminal trespass and under Section 448 to Section 460 IPC for aggravated forms.

BNS Equivalent

Section 329(1) →

Section 441 IPC Bare Act Text

441. Criminal trespass
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".

Source: Section 441, Indian Penal Code, 1860

State amendments — these apply only in the States named below, not to the rest of India
State of Uttar Pradesh: For section 441, substitute the following: "441. Criminal Trespass Whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy and 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, or, having entered into or upon such property, whether before or after the coming into force of the Criminal Law (U.P. Amendment) Act, 1961, with the intention of taking unauthorized possession or making unauthorized use of such property fails to withdraw from such property or its possession or use, when called upon to do so by that another person by notice in writing, duly served upon him, by the date specified ill the notice. is said to commit "criminal trespass". [Vide U.P. Act No. 31 of 1961, section 2].

Section 441 IPC in Simple Words

Section 441 of the Indian Penal Code (IPC) defines criminal trespass. It occurs when a person enters into or upon property in the possession of another with intent to commit an offence, or to intimidate, insult or annoy the person in possession.

It also occurs when a person, 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. Section 441 IPC is a definition section that prescribes no punishment of its own.

Criminal trespass is punished under Section 447 IPC, and aggravated forms such as house-trespass are punished under Section 448 to Section 460 IPC. Because Section 441 IPC only defines the offence, it has no entry in the First Schedule to the Code of Criminal Procedure, 1973, and compounding under Section 320 CrPC does not apply.

Ingredients of Section 441 IPC

The property was in the possession of another person
The accused entered into or upon that property, or having lawfully entered into or upon that property, unlawfully remained there
The accused acted with intent to commit an offence, or to intimidate, insult or annoy the person in possession of such property

Punishment Under Section 441 IPC

Imprisonment

Fine

None. Section 441 IPC prescribes no fine. Fines are provided under Section 447 IPC for criminal trespass and under Section 448 to Section 460 IPC for aggravated forms.

Section 441 IPC is a definition section and prescribes no punishment. Penalties are enacted under Section 447 IPC and subsequent sections.

Example of Section 441 IPC

In 2019, Meenakshi was in lawful possession of a walled marigold garden in Madurai. Following a disagreement over water supply from a shared canal, Karthik stepped through the unlocked gate onto the garden land without Meenakshi's permission. He entered upon the property in her possession with the intent to annoy and insult her in front of her farm workers by shouting abuses and trampling the flower beds. Because Karthik entered upon property in the possession of Meenakshi with intent to insult and annoy her, his act amounted to criminal trespass within Section 441 IPC.

When Section 441 IPC Does Not Apply

Section 441 IPC does not apply when the property entered upon is vacant or abandoned land that is not in the possession of another person.
Section 441 IPC does not apply when a person enters property with the possessor's permission and leaves promptly when asked, without unlawfully remaining there.
Section 441 IPC does not apply when a person enters or remains on another's property in good faith, without any intent to commit an offence or to intimidate, insult or annoy the person in possession.

Section 441 IPC in the BNS

Section 441 IPC is now covered under 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.

View detailed comparison (IPC 441 vs BNS 329(1)) →

FAQs on Section 441 IPC

What is criminal trespass under Section 441 IPC?▼

Section 441 IPC defines criminal trespass as entering into or upon property in the possession of another, or having lawfully entered, unlawfully remaining there, with intent to commit an offence or to intimidate, insult or annoy the person in possession.

Under Section 441 IPC, what is the punishment for criminal trespass under the Indian Penal Code?▼

Section 441 IPC only defines the offence and sets no penalty of its own. Simple criminal trespass is punished under Section 447 IPC with imprisonment of either description for up to three months, or fine up to five hundred rupees, or both.

Is criminal trespass under Section 441 IPC a bailable offence?▼

Section 441 IPC only defines the offence and has no Schedule row of its own. Bail status is determined by the punishing section. Section 447 IPC is bailable, while aggravated forms under Section 449 and Section 450 IPC are non-bailable.

Which court tries an offence under Section 441 IPC?▼

The trial forum is determined by the specific punishing section. Simple criminal trespass under Section 447 IPC is triable by any Magistrate, whereas graver offences under Section 449 and Section 450 IPC are triable by the Court of Session.

Can an offence defined in Section 441 IPC be compounded?▼

Section 441 IPC is not listed in Section 320 CrPC because it prescribes no punishment. Simple criminal trespass under Section 447 IPC may be compounded by the person in possession of the property trespassed upon without permission of the court.

Under Section 441 IPC, what is the difference between criminal trespass and house-trespass?▼

Criminal trespass under Section 441 IPC applies to any property. House-trespass under Section 442 IPC is an aggravated form committed by entering into or remaining in a building, tent or vessel used as a human dwelling, place of worship or place for custody of property.

Where is Section 441 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is placed in Section 329(1) BNS, under Chapter XVII, Of Offences Against Property.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·