Section 449 IPC: House-trespass in order to commit offence punishable with death

Indian Penal Code, 1860

Section 449 IPC at a Glance

Section 449 IPC deals with house-trespass in order to commit offence punishable with death. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 332(a) BNS.

Punishment

Imprisonment for life, or rigorous imprisonment for a term not exceeding ten years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
BNS Equivalent

Section 332(a) →

Section 449 IPC Bare Act Text

449. House-trespass in order to commit offence punishable with death

Whoever commits house-trespass in order to the committing of any offence punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine.

Source: Section 449, Indian Penal Code, 1860

Section 449 IPC in Simple Words

Section 449 of the Indian Penal Code (IPC) punishes house-trespass committed in order to commit an offence punishable with death. The punishment is imprisonment for life, or rigorous imprisonment for a term not exceeding ten years, and the offender is also liable to fine.

The offence is cognizable and non-bailable, and it is triable by the Court of Session. It is not listed in Section 320 CrPC, so it cannot be compounded.

Ingredients of Section 449 IPC

  • The accused committed house-trespass as defined in Section 442 IPC
  • The house-trespass was committed in order to the committing of an offence
  • The offence intended to be committed was punishable with death

Punishment Under Section 449 IPC

Imprisonment

Imprisonment for life, or rigorous imprisonment for a term not exceeding ten years.

Fine

The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

House-trespass in order to commit a capital offence carries imprisonment for life, or rigorous imprisonment for up to ten years, and liability to fine.

Example of Section 449 IPC

In 2019 in Coimbatore, Arvind occupied a warehouse used as a place for the custody of cotton bales. Following a bitter business rivalry, Govind unlawfully entered the building carrying a loaded pistol with the intention of shooting Arvind dead, which was an offence punishable with death. By entering the building in Arvind's possession in order to commit murder, Govind committed house-trespass in order to the committing of an offence punishable with death. When a loud security siren sounded, Govind fled the premises before firing a shot. Govind is punishable under Section 449 IPC.

When Section 449 IPC Does Not Apply

  • Section 449 IPC does not apply when a person trespasses only across an unenclosed field or open plot rather than entering a building, tent or vessel used as a dwelling, place of worship or place for storing property.
  • Section 449 IPC does not apply when the entry into the premises is made merely to insult or annoy the occupant without the purpose of committing an offence.
  • Section 449 IPC does not apply when the offence that the intruder intends to commit inside the premises carries a maximum sentence of life imprisonment or a term of years rather than death.
  • Section 449 IPC does not apply when a person enters a building with the lawful consent of the person in possession and does not remain there for any criminal purpose.

Section 449 IPC in the BNS

Section 449 IPC is now covered under Section 332(a) BNS.

Section 449 IPC corresponds to Section 332(a) BNS. Section 332(a) BNS consolidates house-trespass according to the gravity of the intended offence into three clauses. The elements and the punishment of imprisonment for life, or rigorous imprisonment for a term not exceeding ten years, and liability to fine remain unchanged.

View detailed comparison (IPC 449 vs BNS 332(a)) →

FAQs on Section 449 IPC

What does Section 449 IPC provide?▼

Section 449 IPC punishes house-trespass committed in order to commit an offence punishable with death, such as murder.

What is the punishment under Section 449 IPC?▼

Under Section 449 IPC, the court may sentence the offender to imprisonment for life, or to rigorous imprisonment for a term not exceeding ten years, and may also impose a fine.

Must the intended capital offence be committed for Section 449 IPC to apply?▼

No. The offence under Section 449 IPC is complete upon committing house-trespass with the intention of committing the capital offence, whether or not that offence is accomplished.

Is an offence under Section 449 IPC bailable?▼

No. An offence under Section 449 IPC is non-bailable and cognizable according to the First Schedule to the Code of Criminal Procedure, 1973.

Which court tries an offence under Section 449 IPC?▼

An offence under Section 449 IPC is triable by the Court of Session.

Can an offence under Section 449 IPC be compounded?▼

No. Section 449 IPC is not listed in Section 320 CrPC, so it cannot be compounded.

Where is Section 449 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is placed in Section 332(a) 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 ·