- 15-Jan-2025
- Family Law Guides
(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 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 for the custody of property, is said to commit house-trespass.
Explanation: The introduction of any part of the criminal trespasser’s body is considered 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 a 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 a fine which may extend to five thousand rupees, or with both.
BNS Section 329 defines and differentiates criminal trespass and house-trespass, establishing the intent behind unlawful entry and specifying penalties for such acts.
A1: Criminal trespass occurs when a person unlawfully enters someone else's property with the intent to commit an offense, intimidate, insult, or annoy the possessor of the property.
A2: House-trespass involves entering or remaining in a building, tent, or vessel used as a human dwelling or place of worship with unlawful intent. Even partial entry into the premises is sufficient to constitute house-trespass.
A3: Criminal trespass is punishable with imprisonment of up to three months, a fine up to five thousand rupees, or both.
A4: House-trespass can lead to imprisonment for up to one year, a fine up to five thousand rupees, or both.
Example Scenario:
If A enters B's house without permission, intending to insult B and unlawfully remains there to cause distress, A commits house-trespass under Section 329.
BNS Section 329 addresses criminal trespass and house-trespass, criminalizing unlawful entry into another person's property or residence with intent to commit an offense or cause annoyance. It lays out punishments based on the severity of the trespass, with imprisonment and fines as possible penalties.
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