Criminal Trespass under IPC (Sections 447 and 448 / House Trespass): Explained (2026)
What criminal trespass and house-trespass mean under the IPC, what Sections 447 and 448 punish, how the BNS now numbers them, and how a trespass complaint differs from a civil property suit. Last verified October 2026.
Explainer · Indian Penal Code
Someone walks onto your land, enters your shop, or refuses to leave a house after being told to go. Is that a crime, or only a civil dispute? Many property fights start with this question, and the answer depends on one thing: what the person intended. This guide explains criminal trespass (Section 441 IPC), its punishment (Section 447), house-trespass (Section 448), the new BNS numbering, and how all of this differs from a civil suit. Last verified October 2026.
- Definition: criminal trespass (Section 441 IPC) is entering or staying on another's property to commit an offence or to intimidate, insult or annoy.
- Section 447: up to 3 months, or fine up to Rs 500, or both.
- Section 448 (house-trespass): up to 1 year, or fine up to Rs 1,000, or both.
- Procedure: bailable and non-cognizable, triable by any Magistrate.
- BNS: now Section 329 (329(3) and 329(4) for punishment).
01What is criminal trespass (Section 441 IPC)
Section 441 of the Indian Penal Code defines criminal trespass. A person commits it when he enters property that is in the possession of another, and does so with one of these intents:
- to commit an offence, or
- to intimidate, insult or annoy the person in possession.
It also covers a person who entered lawfully, but then stays on with that same intent. For example, a guest who was invited in, and then refuses to leave in order to harass the owner, can fall under this section.
Intent is the heart of the offence
Walking across a neighbour's plot by mistake is not criminal trespass. Entering to threaten the owner, to damage things, or to steal is. Courts look at what the person meant to do, and this is usually the main point of argument in a trespass case.
Possession matters more than ownership
The property must be in the possession of another person. The complainant need not be the owner. A tenant, a licensee or a caretaker in actual possession can complain. This is why trespass cases often sit inside bigger property disputes: both sides claim possession, and the criminal court is asked to take a view on who really had it.
In criminal trespass, the question is not who owns the property. It is who was in possession, and what the person entering meant to do.
02Section 447 IPC: punishment for criminal trespass
Section 447 is the punishment section. Whoever commits criminal trespass can be punished with:
- imprisonment of either description for up to 3 months, or
- a fine of up to Rs 500, or
- both.
This is a mild punishment on paper. That is why a bare Section 447 charge is often a pressure tool in a property fight, and why courts sometimes see it filed alongside other, heavier sections such as mischief or criminal intimidation.
Note the split between the two sections. Section 441 only defines the act. Section 447 gives the punishment. A charge sheet or complaint normally cites both, or cites 447 with a description of the facts that meet the 441 test.
03House-trespass and Section 448 IPC
House-trespass is a more serious form of criminal trespass. Section 442 defines it: criminal trespass committed by entering or staying in a building, tent or vessel used as a human dwelling, or a building used as a place of worship or for the custody of property. Even entering with any part of the body is enough.
Section 448 punishes house-trespass with:
- imprisonment of either description for up to 1 year, or
- a fine of up to Rs 1,000, or
- both.
Why the law treats a home differently
A home, a place of worship or a store of goods needs more protection than open land. The higher punishment reflects that. The IPC also has heavier versions when the trespass is done at night, or with preparation to cause hurt (Sections 443 to 446, including lurking house-trespass and house-breaking). If the facts show those features, the charge can move beyond Section 448.
If the real story involves taking goods, see our guide on theft and theft in a dwelling house under Sections 379 and 380. If it involves a trusted person misusing property, see criminal breach of trust under Section 409.
04Bailable, non-cognizable: what it means in practice
Both Section 447 and Section 448 are treated as bailable and non-cognizable offences, and are triable by any Magistrate.
- Bailable: bail is a matter of right. The accused should be released on furnishing a bond or surety.
- Non-cognizable: the police cannot register an FIR and arrest without a warrant on their own. They need the Magistrate's order to investigate. In practice, a complainant often files an application or a private complaint before the Magistrate.
These offences are generally treated as compoundable by the person in possession, so many trespass complaints end in a settlement. Check the current position for your case before advising a client.
Practical tip
Because the offence is non-cognizable, a police station may refuse to register an FIR for bare trespass. The remedy is usually a complaint to the Magistrate. Keep proof of possession ready: rent deeds, utility bills, tax receipts, photos and witness names.
05BNS equivalents: Section 329 of the Bharatiya Nyaya Sanhita
For offences committed on or after 1 July 2024, the Bharatiya Nyaya Sanhita (BNS) applies in place of the IPC. The trespass provisions are brought together in Section 329 BNS. Older cases still run under the IPC.
| IPC section | What it covers | BNS equivalent | Maximum punishment |
|---|---|---|---|
| 441 | Defines criminal trespass | 329(1) | Definition only |
| 442 | Defines house-trespass | 329(2) | Definition only |
| 447 | Punishment for criminal trespass | 329(3) | 3 months, or fine up to Rs 5,000, or both |
| 448 | Punishment for house-trespass | 329(4) | 1 year, or fine up to Rs 5,000, or both |
Notice that the fine ceilings are higher under the BNS than the old Rs 500 and Rs 1,000. The jail terms stay the same. The core meaning of the offence is unchanged.
06Civil trespass vs criminal trespass
Trespass can be both a civil wrong and a crime. The two routes have different goals.
| Point | Civil trespass | Criminal trespass |
|---|---|---|
| Main goal | Get relief for the wrong: injunction, possession, damages | Punish the offender |
| Intent needed | Not required. Unauthorised entry is enough | Required: to commit an offence or to intimidate, insult or annoy |
| Where filed | Civil court, by a suit | Magistrate, by complaint (non-cognizable) |
| Outcome | Injunction, recovery of possession, compensation | Fine or short imprisonment |
| Speed | Usually slow | Usually faster, but light punishment |
How the two connect in a property dispute
Most real cases run on both tracks. The owner files a civil suit for injunction or possession, and also a criminal complaint to pressure the other side. This has a risk. A criminal court does not decide title. If the real fight is about ownership, the criminal case may fail on intent or possession, while the civil case decides the matter over years.
Lawyers handling such matters should plan for hearings in more than one court, with different dates and different orders. Missing one date in the Magistrate court while the civil suit moves along is a common slip. A cause list tool can help, and our guide to the best cause list tracking apps in India explains the options.
07Where 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.
This guide is about the law, so Claw is not a substitute for reading the statute. Where it helps is the practical side of a trespass and property dispute. You can track the criminal complaint and the civil suit side by side in case management, with auto case updates, a calendar, cause lists and WhatsApp and email alerts, so no date is missed across courts. Case search covers the Supreme Court and 25 High Courts when you need judgments on possession and intent. Claw does not use customer case documents to train AI models.
See clawlaw.in.
08Sources and further reading
Always confirm statute text against the official source before filing.
- India Code (official statute text): indiacode.nic.in
- Claw: clawlaw.in
This article is general information and not legal advice. Last verified October 2026.
09Frequently asked questions
What is Section 447 IPC?
Section 447 IPC is the punishment for criminal trespass. It provides imprisonment of up to 3 months, or a fine of up to Rs 500, or both. The act itself is defined in Section 441.
What is the punishment under Section 448 IPC?
Section 448 punishes house-trespass with imprisonment of up to 1 year, or a fine of up to Rs 1,000, or both.
Is criminal trespass bailable?
Yes. Offences under Sections 447 and 448 are bailable, so bail is a matter of right. They are also non-cognizable, so the police need a Magistrate's order to investigate.
What is the BNS section for criminal trespass?
Criminal trespass and house-trespass are covered by Section 329 of the Bharatiya Nyaya Sanhita. Section 329(3) punishes criminal trespass and Section 329(4) punishes house-trespass. It applies to offences on or after 1 July 2024.
What is the difference between criminal trespass and house-trespass?
House-trespass is criminal trespass into a building used as a dwelling, a place of worship or a place to keep property. It carries a higher punishment (up to 1 year) than plain criminal trespass (up to 3 months).
Can a civil dispute turn into a criminal trespass case?
Yes. Property disputes often run on both tracks, a civil suit for possession or injunction and a criminal complaint for trespass. The criminal court does not decide title, and intent must still be proved.