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Section 329 — Criminal trespass and house-trespass
329
329
Criminal trespass and house-trespass
Bharatiya Nyaya Sanhita, 2023 • Previously IPC Section 441
Chapter XVII Of Offences Against Property
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
TrespassProperty RightsPrivacyCriminal LawPreviously IPC 441
🗣️ Simple Explanation
What does this law say? Section 329 of the Bharatiya Nyaya Sanhita (BNS) defines criminal trespass and house-trespass. Criminal trespass is when you enter someone else's property with the intent to commit a crime, or to scare, insult, or annoy them. House-trespass is criminal trespass in a building, tent, or vessel used as a home, place of worship, or for keeping property. This section replaces the old Section 441 of IPC.
Why does this law exist? This law protects people's right to privacy and the security of their property. It prevents unwanted intrusions and potential harm. It ensures that people respect the boundaries of others.
Real-life impact This law affects you if you enter someone's property without permission. It also applies if you refuse to leave when asked. It protects your home and property from unwanted visitors.
What happens if you break this law? For criminal trespass, you could get up to three months in jail or a fine of up to five thousand rupees, or both. For house-trespass, you could get up to one year in jail or a fine of up to five thousand rupees, or both. Police can arrest without warrant.
⚖️ Punishment

Imprisonment up to one year, or fine up to five thousand rupees, or both.

💡 Real Life Example

Rahul enters Amit's garden to steal his mangoes. He is committing criminal trespass. Priya enters Sneha's house without permission to argue with her. She is committing house-trespass. Amit enters a temple to hide from the police. He is committing house-trespass. Sneha enters a shop to threaten the owner. She is committing criminal trespass.

🛡️ KNOW YOUR RIGHTS
  • •Do not resist if someone is trespassing.
  • •Call the police immediately.
  • •Document the trespass with photos or videos.
  • •Seek legal advice from a lawyer.
  • •You have the right to legal aid.
❓ FREQUENTLY ASKED QUESTIONS
Section 329 of the BNS defines criminal trespass and house-trespass. Criminal trespass is entering someone's property with the intent to commit a crime, or to intimidate, insult, or annoy them. House-trespass is criminal trespass in a building, tent, or vessel used as a home, place of worship, or for keeping property. This section replaces the old Section 441 of IPC.
For criminal trespass, you could get up to three months in jail or a fine of up to five thousand rupees, or both. For house-trespass, you could get up to one year in jail or a fine of up to five thousand rupees, or both. The punishment depends on where the trespass occurred and the intent of the person.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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