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BNS Section 329: Criminal trespass and house-trespass

Section 329 of the Bharatiya Nyaya Sanhita, 2023 deals with criminal trespass and house-trespass. It replaces IPC 441, IPC 442, IPC 447, IPC 448 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 329(3) is cognizable and bailable; 329(4) is cognizable and bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
329(3)Criminal trespass.Imprisonment for 3 months, or fine of 5,000 rupees, or both.CognizableBailableAny Magistrate
329(4)House-trespass.Imprisonment for 1 year, or fine of 5,000 rupees, or both.CognizableBailableAny Magistrate

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 329

329. (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.

IPC sections replaced

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