BNS Section 329 – Criminal trespass and house-trespass
The Indian Penal Code (IPC) Section – 441-442-447-448
Bharatiya Nyaya Sanhita (BNS) Section 329: Criminal Trespass and House-Trespass
This section deals with the unlawful entry or remaining on someone else’s property with the intent to commit an offence, intimidate, insult, or annoy. Below is a simple explanation of the law in easy-to-understand language:
What is Criminal Trespass?
Criminal trespass occurs when a person:
- Enters or remains on someone else’s property without permission.
- The act is done with the intent to:
- Commit an offence,
- Intimidate, insult, or annoy the person in possession of the property.
What is House-Trespass?
House-trespass is a more serious form of criminal trespass where the person:
- Enters or remains in a:
- Building, tent, or vessel used as a human dwelling,
- Place of worship, or
- Place used for storing property.
- The act is done with the same intent as criminal trespass.
Note: Even introducing a part of the body (e.g., a hand) into the property is enough to commit house-trespass.
What is the Punishment?
| Type of Offence | Punishment |
|---|---|
| Criminal Trespass | – Jail term up to 3 months, or – Fine up to ₹5,000, or – Both. |
| House-Trespass | – Jail term up to 1 year, or – Fine up to ₹5,000, or – Both. |
Other Important Details
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | Cognizable – Police can arrest without a warrant. |
| Bailable or Non-bailable | Bailable – The accused can seek bail. |
| Court for Trial | Any Magistrate – The case can be tried in a Magistrate’s court. |
Key Points to Understand
- Intent Matters:
- The offender must intend to commit an offence, intimidate, insult, or annoy the property owner.
- Types of Property:
- Criminal trespass applies to any property.
- House-trespass applies specifically to dwellings, places of worship, or storage buildings.
- Severity of House-Trespass:
- House-trespass is considered more serious than general criminal trespass and carries a harsher punishment.
Examples of the Offence
- Criminal Trespass:
- A enters B’s farm without permission to steal crops.
- House-Trespass:
- A enters B’s house to threaten or insult B.
Why is this Law Important?
This law is important because:
- It protects people’s right to privacy and security in their property.
- It prevents unauthorized entry and harassment.
- It ensures that those who trespass with malicious intent face consequences.
Summary
The Bharatiya Nyaya Sanhita (BNS) Section 329 makes it a crime to unlawfully enter or remain on someone else’s property with the intent to commit an offence, intimidate, insult, or annoy. Criminal trespass is punishable by up to 3 months in jail or a fine of ₹5,000, while house-trespass carries a punishment of up to 1 year in jail or a fine of ₹5,000. The law ensures the safety and privacy of property owners.
