Criminal Trespass and House Trespass Under the BNS (Section 329 to 332) (2026)
What criminal trespass and house-trespass mean under Sections 329 to 332 of the Bharatiya Nyaya Sanhita, 2023, the old IPC Sections 441 to 448 they replaced, the punishment, and what changed. Last verified October 2026.
Explainer · BNS · New Criminal Code
Criminal trespass and house-trespass are offences under Sections 329 to 332 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced Sections 441 to 448 of the Indian Penal Code (IPC). Criminal trespass is entering or remaining on another person’s property with a wrongful intent. House-trespass is the same against a dwelling. Criminal trespass carries up to three months, and house-trespass up to one year. Last verified October 2026.
- Sections: criminal trespass and house-trespass are BNS Sections 329 to 332.
- Old law: they replaced Sections 441 to 448 of the IPC.
- Criminal trespass: entering or remaining on another’s property with intent to commit an offence or to intimidate, insult or annoy the person in possession.
- Punishment: criminal trespass up to 3 months, or fine up to Rs 5,000; house-trespass up to 1 year; much higher where house-trespass is to commit a serious offence.
- Tracking: Claw searches and tracks Section 329 matters across 9,102 courts, benches and forums.
01What Sections 329 to 332 of the BNS cover
These sections protect possession of property. They punish going onto, or staying on, property that is in the possession of another, with a wrongful intent.
Criminal trespass (Section 329)
A person commits criminal trespass who 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 the property; or
- who, having lawfully entered, unlawfully remains there with such intent.
So the wrong is not the entry alone. It is the entry, or the staying on, coupled with the wrongful intent.
House-trespass (Section 329 and onwards)
House-trespass is committing 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 of worship, or as a place for the custody of property. Putting any part of the body into the place is enough to be an entry.
Intent is the heart of the offence
A person who walks onto land by mistake, or with no wrongful intent, does not commit criminal trespass. The offence needs an intent to commit an offence, or to intimidate, insult or annoy the person in possession. House-trespass is treated more seriously because a home or place of worship is involved.
Section 332 then deals with house-trespass in order to commit an offence, and grades the punishment by how serious the intended offence is.
02Old to new: IPC Sections 441 to 448 to BNS Sections 329 to 332
Under the Indian Penal Code these offences ran across Sections 441 to 448. The BNS has gathered them into Sections 329 to 332.
| Topic | Old law (IPC) | New law (BNS) |
|---|---|---|
| Definition of criminal trespass | Section 441 | Section 329(1) |
| Definition of house-trespass | Section 442 | Section 329(2) |
| Punishment for criminal trespass | Section 447 | Section 329(3) |
| Punishment for house-trespass | Section 448 | Section 329(4) |
| House-trespass in order to commit an offence | Sections 449 to 452 area | Section 332 |
A matter for an act on or after 1 July 2024 uses the BNS numbers. An older matter stays under the IPC. See the IPC to BNS section mapping for the full table.
03Punishment and classification
The basic punishments are modest, and they rise sharply where house-trespass is used to commit a serious offence.
| Offence | Punishment |
|---|---|
| Criminal trespass | Imprisonment up to 3 months, or fine up to Rs 5,000, or both. |
| House-trespass | Imprisonment up to 1 year, or fine up to Rs 5,000, or both. |
| House-trespass in order to commit an offence punishable with death | Imprisonment for life, or rigorous imprisonment up to 10 years, and fine. |
Criminal trespass and house-trespass are generally cognizable, so the police can act, and generally bailable, with trial before a Magistrate. The graver forms, such as house-trespass to commit a serious offence, are treated more seriously. The exact status varies by sub-section.
Criminal trespass is entry or staying on another’s property with a wrongful intent. When the property is a home or place of worship, it becomes house-trespass, and the punishment rises with the offence the trespasser meant to commit.
04What changed from the old law
The definitions and the structure are carried over from the IPC. Criminal trespass still needs a wrongful intent, house-trespass still turns on a dwelling or similar building, and putting part of the body in is still enough to be an entry.
The main change is consolidation and renumbering, with the fine caps stated in the section. Several old sections now sit inside Sections 329 to 332, and the numbers are new. For an act on or after 1 July 2024, cite the BNS. The settled case law under the old sections, on possession and on wrongful intent, remains a guide because the language is carried forward.
Related offences include mischief under BNS Section 324 and defamation under BNS Section 356. For the wider reform, see the new criminal laws of 2024.
05Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Trespass charges often arise from property and possession disputes, and are frequently filed with other offences, so a matter can touch more than one court. An advocate needs to see how Sections 329 to 332, and the old Sections 441 to 448, have been applied, and to keep track of a live matter. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore and more judgments and results in under 5 seconds. You can pull up how courts have treated a trespass charge, and follow a pending matter with automatic updates, cause lists and alerts.
Claw does not file your case or give legal advice, and Claw does not use customer case documents to train AI models. Create a FREE Claw account to search and track cases under this section by party or advocate name.
This explainer is general information, not legal advice.
06Sources and further reading
- India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Section 329 BNS, bare text reference: devgan.in
- Claw: clawlaw.in
Always read the section as it stands on the day you act, and take advice from counsel. The law changes through amendments and judgments.
07Frequently asked questions
What is Section 329 of the BNS?
Section 329 of the Bharatiya Nyaya Sanhita, 2023 defines and punishes criminal trespass and house-trespass. Criminal trespass is entering or remaining on another person’s property with intent to commit an offence or to intimidate, insult or annoy the person in possession. It replaced Sections 441 and 442 of the IPC.
Which IPC sections did BNS 329 to 332 replace?
They replaced Sections 441 to 448 of the Indian Penal Code, which defined and punished criminal trespass and house-trespass, along with the related provisions on house-trespass to commit an offence.
What is the punishment for criminal trespass under BNS 329?
Criminal trespass carries imprisonment up to three months, or fine up to Rs 5,000, or both. House-trespass carries imprisonment up to one year, or fine up to Rs 5,000, or both. House-trespass to commit a serious offence carries much heavier punishment under Section 332.
What is the difference between criminal trespass and house-trespass?
Criminal trespass is entry or staying on any property of another with a wrongful intent. House-trespass is criminal trespass of a building, tent or vessel used as a dwelling, a place of worship, or a place for custody of property. House-trespass is treated more seriously.
Is criminal trespass cognizable and bailable?
Criminal trespass and house-trespass are generally cognizable and bailable, with trial before a Magistrate, while the graver forms are treated more seriously. Confirm the exact classification from the current BNSS First Schedule for the offence charged.
Can I track a trespass case in Claw?
Yes. Claw lets you search and track cases, orders and judgments under Sections 329 to 332, or the old IPC sections, by section, party or advocate across 9,102 courts, benches and forums, with results in under 5 seconds. It tracks the matter but does not file the case or give legal advice.