IPC Section 441 — Criminal trespass

Summary

A person commits criminal trespass if they enter someone else’s property with the intention of committing a crime, or to intimidate, insult, or annoy the person in possession of that property. It is also criminal trespass if a person enters the property lawfully but then stays there unlawfully with the same intention to intimidate, insult, or annoy, or to commit a crime.

Official Text

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”.

Related Judgments

• GOKAK PATEL VOLKART LTD. vs DUNDAYYA GURUSHIDDAIAH HIREMATH AND ORS — Supreme Court of India (1991)
• STATE OF JHARKHAND vs DR. NISHKANT DUBEY & ORS — Supreme Court of India (2025)
• SMT. KANWAL SOOD vs NAWAL KISHORE AND ANOTHER — Supreme Court of India (1982)
• Shrikant Purshottam Paranjape & Ors. vs The State of Maharashtra & Anr — Bombay High Court (Mumbai Principal Seat) (2014)
• STATE OF RAJASTHAN vs RAM BHAROSI AND ORS — Supreme Court of India (1998)
• S.D. BANDI vs DIVISIONAL TRAFFIC OFFICER, KSRTC & ORS — Supreme Court of India (2013)

Old <-> New Code Mapping

• BNS §329 — Criminal trespass and house-trespass