329 BNS

Introduction of 329 BNS

BNS Section 329 addresses criminal trespass and house-trespass, which occur when someone unlawfully enters or remains on another person’s property with bad intentions. This law ensures protection of homes, sacred places, and property rights, punishing intruders who act with the intent to commit an offense, intimidate, insult, or annoy.

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The Bharatiya Nyaya Sanhita (BNS) Section 329 replaces the old Indian Penal Code (IPC) Section 441,442,447,448.

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What is BNS Section 329 ?

BNS Section 329 defines Criminal Trespass and House-Trespass, covering actions where someone unlawfully enters another person’s property to commit an offense, intimidate, insult, or annoy the lawful occupant. It also prescribes punishments for these acts.

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BNS 329 in Simple Points

1. Definition of Criminal Trespass

Criminal trespass happens when someone enters another person’s property with the intent to commit a crime, intimidate, insult, or annoy. Even if the entry is lawful, remaining there unlawfully with the same intent also amounts to criminal trespass. This ensures the protection of ownership rights and personal spaces. The property can include land or premises in the possession of someone else. Any form of intrusion, whether intentional or careless, can lead to punishment. The law discourages harmful actions that breach the privacy or safety of others. The aim is to maintain trust and safety in property use and occupation.

2. Definition of House-Trespass

House-trespass is a serious form of trespass involving intrusion into a dwelling place, worship site, or property storage area. It occurs when someone unlawfully enters or stays in a building, tent, or vessel intended for human use. Even partial entry, like inserting a hand or foot into the property, is enough to constitute house-trespass. This rule highlights the sanctity of homes and other special places. It ensures strict penalties for those who breach these safe zones. House-trespass protects families, religious places, and assets from unwanted intrusions. The law views this offense as more severe than general criminal trespass.

3. Punishments for Criminal Trespass

Criminal trespass is punishable by imprisonment for up to three months, a fine of ₹5,000, or both. This penalty emphasizes the seriousness of the offense and deters potential offenders. The punishment ensures accountability and safeguards property from harmful intent. It applies to acts that disturb peace, create fear, or threaten ownership. This provision offers justice to victims of trespass without making the process overly complex. By including both imprisonment and fine options, the law ensures flexibility in punishment. It aims to prevent repeated offenses and maintain property security.

4. Punishments for House-Trespass

House-trespass attracts stricter punishment than general criminal trespass due to its sensitive nature. The offender can face imprisonment for up to one year, a fine of ₹5,000, or both. This reflects the seriousness of intrusions into homes, worship places, or storage areas. The law recognizes the heightened emotional and personal harm caused by house-trespass. It discourages acts that threaten a person’s peace, belongings, or religious sanctity. The punishment protects families, faiths, and assets from malicious intrusions. These stricter measures highlight the importance of respecting private and sacred spaces.

5. Bailable and Cognizable Offense

Both criminal trespass and house-trespass under BNS Section 329 are bailable offenses, meaning the accused can seek bail. The offenses are also cognizable, allowing the police to register and investigate the case without prior court approval. These classifications balance the offense’s seriousness and legal process flexibility. Bailable status ensures the accused has an opportunity for release during the trial process. Cognizability ensures swift action to address violations and protect victims. This dual classification keeps the law efficient while upholding individual rights.

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Section 329 BNS Overview

BNS Section 329 defines criminal trespass and house-trespass. It punishes unauthorized entry into property with bad intent, such as committing crimes or causing annoyance. This ensures protection for private and sacred spaces.

Key Points of BNS Section 329

1. What is Criminal Trespass?
   • Criminal trespass means entering someone else’s property without permission.
   • The purpose of the entry must be to commit an offense or to scare, insult, or annoy the person who owns the property.
   • Even if someone entered lawfully, staying there unlawfully with such intent is also criminal trespass.
   • This ensures that property rights are respected, and people feel safe in their spaces.

2. What is House-Trespass?
   • House-trespass is a type of criminal trespass that happens in a human dwelling (like a house), a place of worship, or a space used to keep property.
   • This includes buildings, tents, or vessels (e.g., a boat used as a home).
   • Entering such places without permission or legal authority is a serious violation.
   • It specifically protects places where people live or hold valuable or sacred items.

3. Partial Entry Counts as Trespass
   • Even introducing a part of the body, like a hand or foot, into the property is considered trespass.
   • You do not need to fully enter the property for it to be a crime.
   • This ensures that even minimal physical intrusion is treated seriously.
   • It protects property from any kind of unauthorized access.

4. Purpose Behind Criminal Trespass
   • The key factor is the intent behind the trespass.
   • If someone enters with a bad purpose, such as stealing, harming, or threatening, it becomes criminal trespass.
   • Accidental entry or staying without bad intentions does not count.
   • This protects lawful entry while punishing dishonest intentions.

5. Punishment for Criminal Trespass
   • The punishment for criminal trespass is imprisonment for up to 3 months or a fine of up to ₹5,000, or both.
   • This is meant to discourage people from entering someone else’s property unlawfully.
   • The law considers it a minor offense but still ensures accountability.
   • It is a cognizable and bailable offense, meaning police can investigate it, and bail can be granted.

6. Punishment for House-Trespass
   • House-trespass has stricter punishment: up to 1 year in jail or a fine of ₹5,000, or both.
   • The higher penalty reflects the seriousness of entering a home or sacred place unlawfully.
   • It is also a cognizable and bailable offense, handled by any Magistrate.
   • This ensures strong legal protection for dwellings and personal spaces.

7. Difference Between Criminal Trespass and House-Trespass
   • Criminal trespass can happen on any property, like open land or a garden.
   • House-trespass happens specifically in closed spaces like homes, temples, or storage areas.
   • House-trespass carries a stricter penalty because it invades personal or sacred areas.
   • Both offenses protect against unlawful actions but differ in severity.

8. Classification of Offenses
   • Both criminal trespass and house-trespass are bailable and cognizable.
   • Cognizable means the police can register a case and start an investigation without prior approval.
   • Bailable means the accused can secure release by providing bail.
   • These provisions ensure quick legal action while respecting individual rights.

9. Examples of Criminal Trespass and House-Trespass
   • Example of criminal trespass: A person unlawfully enters a garden to harm someone or steal crops.
   • Example of house-trespass: Someone breaks into a locked house or temple to commit theft.
   • These examples show how the law applies to different situations.
   • The intent behind the action plays a key role in defining the offense.

10. Why BNS 329 is Important?

• BNS 329 protects people from unauthorized intrusion into their property.
• It creates boundaries for lawful and unlawful entry, ensuring peace and security.
• The law respects the sanctity of homes, worship places, and storage areas.
• By punishing offenders, it deters criminal behavior and upholds individual rights.

Examples of BNS Section 329 in Action

Example 1: Criminal Trespass

A enters B’s farmland with the intent to destroy crops or cause harm to the owner. Even though A did not commit any physical harm but entered with bad intent, it constitutes criminal trespass under BNS 329. A can be punished with imprisonment, a fine, or both.

Example 2: House-Trespass

C unlawfully enters D’s home to insult or intimidate D and refuses to leave despite repeated requests. Even though C does not physically harm anyone, the act of unlawful intrusion into a dwelling is house-trespass. C can face imprisonment for up to one year or a fine of ₹5,000.

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BNS 329 Punishment

Punishment for Criminal Trespass: Imprisonment up to 3 months, or a fine of ₹5,000, or both.

Punishment for House-Trespass: Imprisonment up to 1 year, or a fine of ₹5,000, or both.

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BNS 329 bailable or not ?

BNS Section 329 offenses are bailable, meaning the accused can secure release on bail.

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Bharatiya Nyaya Sanhita Section 329

BNS Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial By
329(3)	Criminal Trespass	3 months imprisonment, ₹5,000 fine, or both	Bailable	Cognizable	Any Magistrate
329(4)	House-Trespass	1 year imprisonment, ₹5,000 fine, or both	Bailable	Cognizable	Any Magistrate

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BNS Section 329 FAQs

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