● Modified in BNS
Criminal trespass -- entering another's property to commit an offence or to intimidate, insult or annoy -- carries up to 3 months' imprisonment under BNS Section 329(3), unchanged from IPC 447, but the fine ceiling rises tenfold to Rs 5,000.
Section 441 IPC defined criminal trespass as entering property in another's possession with intent to commit an offence or to intimidate, insult or annoy the person in possession, or unlawfully remaining after lawfully entering. Section 447 punished this with imprisonment up to 3 months, or fine up to Rs 500, or both.
BNS Section 329 consolidates the old criminal-trespass and house-trespass definitions and punishments (Sections 441, 442, 447, 448) into one four-part section. Sub-section (3), corresponding to Section 447, keeps the 3-month imprisonment term but raises the fine ceiling from Rs 500 to Rs 5,000.
Structural merge of four old IPC sections into one BNS section with numbered sub-clauses; for this punishment clause, the only substantive change is the fine ceiling rising from Rs 500 to Rs 5,000.
Imprisonment of either description up to 3 months, or fine up to Rs 5,000 (up from Rs 500 under the IPC), or both..
IPC 447 is bailable..
This is a cognizable. offence.
Compoundable without the permission of the court, by the person in possession of the property trespassed upon..
Matters under IPC 447 are tried before the Any Magistrate..
Common defences include a bona fide, lawful claim of right to be on the property, absence of intent to commit an offence or to intimidate, insult or annoy, and express or implied consent of the person in possession.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons