BNS Section 329 — Criminal trespass and house-trespass
CHAPTER XVII OF OFFENCES AGAINST PROPERTY — Of criminal trespass
Criminal
Summary
Sub-section (1) defines criminal trespass. A person commits criminal trespass if they enter property that someone else possesses, with the intent to commit an offence or to intimidate, insult, or annoy the person in possession. It also covers a person who has lawfully entered such property but then unlawfully stays there with the same intent — to intimidate, insult, or annoy the possessor, or to commit an offence.
Sub-section (2) defines house-trespass. A person commits house-trespass when they commit criminal trespass by entering 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.
The Explanation clarifies that for house-trespass, introducing any part of the trespasser's body into the building, tent, or vessel is enough to count as entering.
Sub-section (3) sets the punishment for criminal trespass. It is imprisonment of either description for up to three months, or a fine of up to five thousand rupees, or both.
Sub-section (4) sets the punishment for house-trespass. It is imprisonment of either description for up to one year, or a fine of up to five thousand rupees, or both.
Official Text
(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.
Related Judgments
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
- SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
- SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
- SC (2025) Vol.9 p.283 — Supreme Court of India (2025)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
- SC (2025) Vol.7 p.105 — Supreme Court of India (2025)