Section 448 IPC: Punishment for house-trespass

Indian Penal Code, 1860

Section 448 IPC at a Glance

Section 448 IPC deals with punishment for house-trespass. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 329(4) BNS.

Punishment

Imprisonment of either description for up to one year.

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

Section 329(4) →

Section 448 IPC Bare Act Text

448. Punishment for house-trespass

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 one thousand rupees, or with both.

Source: Section 448, Indian Penal Code, 1860

Section 448 IPC in Simple Words

Section 448 of the Indian Penal Code (IPC) punishes house-trespass as defined in Section 442 IPC. The punishment is imprisonment of either description for a term which may extend to one year, or fine which may extend to one thousand 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 house trespassed upon.

Ingredients of Section 448 IPC

  • The accused committed 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 448 IPC

Imprisonment

Imprisonment of either description for up to one year.

Fine

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

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

House-trespass carries imprisonment of either description for up to one year, or fine up to one thousand rupees, or both.

Example of Section 448 IPC

In 2023, Kalyani was in lawful possession of a bakery building in Bhubaneswar, which she used both as a place for the custody of flour and baking equipment and as her dwelling. Following a quarrel over a leased oven, Deepak pushed past the open shop entrance and stepped inside the building without Kalyani's permission, intending to annoy and insult her in front of her customers. By entering a building in Kalyani's possession with intent to insult and annoy her, Deepak committed house-trespass and is punishable under Section 448 IPC.

When Section 448 IPC Does Not Apply

  • Section 448 IPC does not apply when a person enters or remains in a building without any intent to commit an offence or to intimidate, insult or annoy the person in possession.
  • Section 448 IPC does not apply when the trespass takes place on open land, a pasture or an unenclosed yard rather than inside a building, tent or vessel.
  • Section 448 IPC does not apply when the building entered is not used as a human dwelling, a place for worship, or a place for the custody of property.
  • Section 448 IPC does not apply when the trespass is into a tent or vessel that is not used as a human dwelling.

Section 448 IPC in the BNS

Section 448 IPC is now covered under Section 329(4) BNS.

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

View detailed comparison (IPC 448 vs BNS 329(4)) →

FAQs on Section 448 IPC

What does Section 448 IPC provide?▼

Section 448 IPC prescribes the punishment for house-trespass as defined in Section 442 IPC.

What is the punishment under Section 448 IPC?▼

A person convicted under Section 448 IPC may be sentenced to imprisonment of either description for up to one year, or fined up to one thousand rupees, or both.

Is an offence under Section 448 IPC cognizable and bailable?▼

Yes. House-trespass under Section 448 IPC is cognizable and bailable according to the First Schedule to the Code of Criminal Procedure, 1973.

Which court tries an offence under Section 448 IPC?▼

An offence under Section 448 IPC is triable by any Magistrate.

Can an offence under Section 448 IPC be compounded?▼

Yes. Under Section 320(1) CrPC, house-trespass under Section 448 IPC may be compounded without the permission of the court by the person in possession of the house trespassed upon.

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

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

Where is Section 448 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is placed in Section 329(4) 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 ·