Section 447 IPC: Punishment for criminal trespass

Indian Penal Code, 1860

Section 447 IPC at a Glance

Section 447 IPC deals with punishment for criminal trespass. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 329(3) BNS.

Punishment

Imprisonment of either description for up to three months.

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 329(3) →

Section 447 IPC Bare Act Text

447. Punishment for criminal trespass

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 hundred rupees, or with both.

Source: Section 447, Indian Penal Code, 1860

Section 447 IPC in Simple Words

Section 447 of the Indian Penal Code (IPC) punishes criminal trespass as defined in Section 441 IPC. The punishment is imprisonment of either description for a term which may extend to three months, or fine which may extend to five hundred rupees, or both.

The offence is cognizable and bailable, and it is triable by any Magistrate. It may be compounded without permission of the court by the person in possession of the property trespassed upon.

Ingredients of Section 447 IPC

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

Punishment Under Section 447 IPC

Imprisonment

Imprisonment of either description for up to three months.

Fine

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

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

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

Example of Section 447 IPC

In 2016, Ananya was in lawful possession of a brick kiln yard in Gwalior. After Ananya refused to hire Prabhu's lorries for transporting bricks, Prabhu walked into the yard with full knowledge that he had no permission to be there, intending to annoy and insult Ananya by blocking the driveway and shouting threats at her supervisor. Even after being asked to leave, he remained on the land to continue the disruption. Because Prabhu committed criminal trespass on property in Ananya's possession, Prabhu is punishable under Section 447 IPC.

When Section 447 IPC Does Not Apply

  • Section 447 IPC does not apply when the land or premises entered upon was not in the possession of another person.
  • Section 447 IPC does not apply when a person enters property lawfully with the occupier's consent and does not unlawfully remain there.
  • Section 447 IPC does not apply when the entry or stay on the property was made without any intent to commit an offence or to intimidate, insult or annoy the person in possession.

Section 447 IPC in the BNS

Section 447 IPC is now covered under 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.

View detailed comparison (IPC 447 vs BNS 329(3)) →

FAQs on Section 447 IPC

What does Section 447 IPC provide?▼

Section 447 IPC prescribes the punishment for criminal trespass as defined in Section 441 IPC.

What is the punishment under Section 447 IPC?▼

A person convicted under Section 447 IPC may be sentenced to imprisonment of either description for up to three months, or fined up to five hundred rupees, or both.

Is an offence under Section 447 IPC cognizable and bailable?▼

Yes. Criminal trespass under Section 447 IPC is cognizable and bailable according to the First Schedule to the Code of Criminal Procedure, 1973.

Which court tries an offence under Section 447 IPC?▼

An offence under Section 447 IPC is triable by any Magistrate.

Can an offence under Section 447 IPC be compounded?▼

Yes. Under Section 320(1) CrPC, criminal trespass under Section 447 IPC may be compounded without the permission of the court by the person in possession of the property trespassed upon.

What is the difference between Section 447 IPC and Section 448 IPC?▼

Section 447 IPC punishes criminal trespass on any property with up to three months imprisonment. Section 448 IPC punishes house-trespass, which is an aggravated trespass into a human dwelling, place of worship or place for custody of property, with up to one year imprisonment.

Where is Section 447 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is placed in Section 329(3) BNS, under Chapter XVII, Of Offences Against Property.

Have questions about Section 447 IPC?

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, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·