● Modified in BNS
House-trespass -- criminal trespass by entering or remaining in a dwelling, place of worship, or property used to store property -- carries up to 1 year's imprisonment under BNS Section 329(4), unchanged from IPC 448, with the fine ceiling raised from Rs 1,000 to Rs 5,000.
Section 442 IPC defined house-trespass as criminal trespass committed by entering or remaining in a building, tent or vessel used as a human dwelling, or a building used for worship or for custody of property. Section 448 punished house-trespass with imprisonment of either description up to 1 year, or fine up to Rs 1,000, or both.
BNS Section 329(2) reproduces the house-trespass definition unchanged. Section 329(4) reproduces the punishment with the imprisonment term unchanged but the fine ceiling raised from Rs 1,000 to Rs 5,000.
Structural merge into BNS 329 alongside criminal trespass; for this punishment clause, the only substantive change is the fine ceiling rising from Rs 1,000 to Rs 5,000.
Imprisonment of either description up to 1 year, or fine up to Rs 5,000 (up from Rs 1,000 under the IPC), or both..
IPC 448 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 448 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 occupant.
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