Section 442 IPC: House-trespass

Indian Penal Code, 1860

Section 442 IPC at a Glance

Section 442 IPC deals with house-trespass. From 1 July 2024 it is replaced by Section 329(2) BNS.

Punishment

None. Section 442 IPC defines house-trespass and prescribes no punishment. The penalty for simple house-trespass is provided under Section 448 IPC, and aggravated forms are punished under Section 449 to Section 460 IPC.

BNS Equivalent

Section 329(2) →

Section 442 IPC Bare Act Text

442. House-trespass

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.

Source: Section 442, Indian Penal Code, 1860

Section 442 IPC in Simple Words

Section 442 of the Indian Penal Code (IPC) defines house-trespass. House-trespass is committed when a person commits criminal trespass under Section 441 IPC 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.

Under the Explanation, the introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass. Section 442 IPC is a definition section that prescribes no punishment of its own.

House-trespass is punished under Section 448 IPC, and aggravated forms are punished under Section 449 to Section 460 IPC. Because Section 442 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 442 IPC

  • The commission of 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

Punishment Under Section 442 IPC

Imprisonment

None. Section 442 IPC defines house-trespass and prescribes no punishment. The penalty for simple house-trespass is provided under Section 448 IPC, and aggravated forms are punished under Section 449 to Section 460 IPC.

Fine

None. Section 442 IPC prescribes no fine. The fine for house-trespass is enacted in Section 448 IPC, and fines for aggravated forms are enacted in Section 449 to Section 460 IPC.

Section 442 IPC is a definition section that does not prescribe a penalty. Punishments for house-trespass are enacted in Section 448 IPC and subsequent sections.

Example of Section 442 IPC

In 2021, Devika lived in a houseboat moored on Dal Lake in Srinagar, which she used as her human dwelling and held in her lawful possession. After an argument over boat repair charges, Tariq stepped onto the deck and walked into the cabin of the vessel without Devika's consent, intending to intimidate and annoy her until she paid the disputed sum. Because Tariq committed criminal trespass by entering into a vessel used as a human dwelling in Devika's possession, he committed house-trespass within Section 442 IPC.

When Section 442 IPC Does Not Apply

  • Section 442 IPC does not apply when the entry or remaining in the premises involves no intent to commit an offence or to intimidate, insult or annoy the person in possession, so there is no underlying criminal trespass.
  • Section 442 IPC does not apply when the criminal trespass takes place on an unenclosed plot, courtyard or agricultural land rather than inside a building, tent or vessel.
  • Section 442 IPC does not apply when the structure entered is an abandoned ruin or unroofed shed that is not used as a human dwelling, a place for worship, or a place for the custody of property.
  • Section 442 IPC does not apply when the trespass occurs inside a tent or vessel that is not used as a human dwelling.

Section 442 IPC in the BNS

Section 442 IPC is now covered under 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.

View detailed comparison (IPC 442 vs BNS 329(2)) →

FAQs on Section 442 IPC

What is house-trespass under Section 442 IPC?▼

Section 442 IPC defines house-trespass as criminal trespass committed 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.

Under Section 442 IPC, what is the punishment for house-trespass under the Indian Penal Code?▼

Section 442 IPC only defines the offence and sets no penalty of its own. Simple house-trespass is punished under Section 448 IPC with imprisonment of either description for up to one year, or fine up to one thousand rupees, or both.

Under Section 442 IPC, does introducing part of the body into a building amount to house-trespass?▼

Yes. Under the Explanation to Section 442 IPC, the introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass.

Is an offence under Section 442 IPC bailable?▼

Section 442 IPC creates no substantive offence and has no Schedule row of its own. Bail status is determined by the punishing section. Simple house-trespass under Section 448 IPC is bailable, while aggravated forms under Section 449 and Section 450 IPC are non-bailable.

Which court tries house-trespass under Section 442 IPC?▼

The trial forum is determined by the punishing section under which the charge is brought. Simple house-trespass under Section 448 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 442 IPC be compounded?▼

Section 442 IPC is not listed in Section 320 CrPC because it prescribes no punishment. Simple house-trespass under Section 448 IPC may be compounded by the person in possession of the house trespassed upon without permission of the court.

Where is Section 442 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is placed in Section 329(2) 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 ·