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

• SC (2025) Vol.1 p.1909 — Supreme Court of India (2025)
• L . SMT. KANW AL SOOD v. NAWAL KISHORB.AND ANOTHER — Supreme Court of India (1983)
• CRL OP/287/2014 — Madras High Court (2014)
• GOKAK PATEL VOLKART LTD v. DUNDAYYA GURUSHIDDAIAH HIREMATH AND ORS. ---1 FEBRUARY 14, 19 — Supreme Court of India (1991)
• ST A TE OF RAJASTHAN v. RAM BHAROSI AND ORS. AUGUST 12, 1998 — Supreme Court of India (1998)
• : Petitioner/Accused vs 1.The State rep. by the — Madras High Court ()
• SC (2024) Vol.11 p.786 — Supreme Court of India (2024)
• SC (1962) Vol.1 p.75 — Supreme Court of India (1962)

Old <-> New Code Mapping

• BNS §329 — Criminal trespass and house-trespass