Section 329 · Criminal trespass and house-trespass
Text size — level 1 of 4
(1) Whoever enters into or upon property in the
possession of another with intent to commit an offence or to intimidate, insult or annoy any person in
possession of such property or having lawfully entered into or upon such property, unlawfully remains
there with intent thereby to intimidate, insult or annoy any such person or with intent to commit an
offence is said to commit criminal trespass.
(2) 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.
(3) 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 thousand rupees, or with both.
(4) 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 five thousand rupees, or with both.
(2) 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.
(3) 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 thousand rupees, or with both.
(4) 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 five thousand rupees, or with both.
The offence at a glance
- Punishment
- up to 1 years, fine up to Rs 5000
- Cognizable
- Cognizable
- Bailable
- Bailable
- Triable by
- Any Magistrate
- Cognizable — Police may arrest without a warrant
- Bailable — Bail is your right — it can be granted at the police station
Sub-sections of this section carry different penalties; the maximum is shown.
From the First Schedule to the BNSS (the CrPC's, for IPC offences)
Under the old law
BNS 329IPC 441
441. Criminal trespass.
Compare the two texts →Your private note on this section
Only you can see this note.
