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CHAPTER XVII OF OFFENCES AGAINST PROPERTY · Of criminal trespass

Section 329: Criminal trespass and house-trespass

The Bharatiya Nyaya Sanhita, 2023

(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.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

2 questions in 9 of our papers cite Section 329. Try these from the free papers:

  1. 1. For the purpose of house-trespass under Section 329(2) BNS, which of the following is correct?

  2. 2. In Mathri v. State of Punjab (1964), the Supreme Court held that, to establish criminal trespass on the ground that an entry was made with intent to annoy, intimidate or insult the person in possession:

Practise questions on Bharatiya Nyaya Sanhita