Criminal trespass and house-trespass

What this section does

This section defines criminal trespass and house-trespass and prescribes punishments for each. Criminal trespass involves entering or remaining on another's property with intent to commit an offence or to intimidate, insult, or annoy the person in possession. House-trespass is an aggravated form where the entry or remaining is in a building, tent, or vessel used as a dwelling, place of worship, or place for custody of property.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Criminal trespass: imprisonment up to 3 months, or fine up to ₹5,000, or both. House-trespass: imprisonment up to 1 year, or fine up to ₹5,000, or both.

Triable by

Any Magistrate

Cognizable

No

Bailable

Yes

Compoundable

No

Ingredients (what prosecution must prove)

1. For criminal trespass: the accused entered into or upon property in the possession of another, or having lawfully entered, unlawfully remained there
2. The entry or remaining was with intent to commit an offence, or to intimidate, insult, or annoy any person in possession
3. For house-trespass: the criminal trespass was committed by entering into or remaining in a building, tent, or vessel used as a human dwelling, place of worship, or place for custody of property
4. Even the introduction of any part of the trespasser's body into such a structure constitutes entry for house-trespass

• IPC Section 441 — Criminal trespass (definition)
• IPC Section 447 — Punishment for criminal trespass