IPC Section 441
Criminal trespass (definition)
BNS Section 329— Criminal trespass and house-trespass
Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the IPC.
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.
- 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
For the full text of the new section, see the linked BNS page above. For the binding statutory text, refer to the India Code or the Gazette of India. This reference is informational, not legal advice.