Introduction of 329 BNS
Bharatiya Nyaya Sanhita (BNS) Section 329 defines and penalizes criminal trespass and house-trespass, protecting individuals and families from unlawful entry into their property or homes. Criminal trespass occurs when someone unlawfully enters or remains on another’s property with the intent to commit a crime, intimidate, insult, or annoy. House-trespass is a graver form, involving intrusion into dwellings, places of worship, or storage spaces. By replacing IPC Sections 441, 442, 447, and 448, BNS 329 reinforces the sanctity of private and sacred spaces, ensuring safety, privacy, and peace for lawful occupants.
The Bharatiya Nyaya Sanhita (BNS) Section 329 replaces the old Indian Penal Code (IPC) Section 441,442,447,448.
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.
Under Section 329 of the bns act 2023
“Whoever unlawfully enters into or remains on the property of another person with the intent to commit an offense, to intimidate, insult, or annoy, commits the offense of criminal trespass. If such trespass occurs in a building, tent, or vessel used as a human dwelling, place of worship, or place of custody of property, it shall be considered house-trespass.”
1. Meaning of Criminal Trespass
- Criminal trespass occurs when a person unlawfully enters into another’s land or premises.
- The purpose of entry must be wrongful — such as to commit a crime, insult, annoy, or cause fear.
- Even if the initial entry was lawful, staying there unlawfully with a bad intent also becomes trespass.
- Example → Entering farmland to destroy crops, or walking into someone’s premises to threaten them.
2. Meaning of House-Trespass
- House-trespass is a special form of criminal trespass.
- It applies when trespass occurs in buildings, tents, or vessels used for living, storing property, or as places of worship.
- Even partial entry, such as pushing a hand or foot inside a house, counts as house-trespass.
- Example → Breaking into a temple, entering a locked house, or intruding into a storeroom.
3. Who is Covered?
This section applies to:
- Individuals → intruding into private land or houses.
- Groups → unlawful entry by mobs to intimidate or insult.
- Offenders with dishonest intent → thieves, vandals, or persons trying to harass lawful occupants.
4. Nature of the Offense
- Cognizable → Police can register a case and arrest without prior approval.
- Bailable → The accused can apply for bail.
- Non-compoundable → The case cannot be settled privately; it must go through legal process.
- Trial → Both criminal trespass and house-trespass are triable by any Magistrate.
5. Punishment under BNS Section 329
- Criminal Trespass → Up to 3 months imprisonment, or fine of ₹5,000, or both.
- House-Trespass → Up to 1 year imprisonment, or fine of ₹5,000, or both.
- Punishments are stricter for house-trespass because it violates the sanctity of homes, temples, and property storage places.
6. Examples of BNS Section 329
- Example 1 – Criminal Trespass:
Ravi enters his neighbor’s farm with the intent to damage crops. Even though he doesn’t commit theft, his intent makes it criminal trespass. - Example 2 – House-Trespass:
Mohan unlawfully enters a temple to shout insults and disturb worshippers. This is house-trespass under BNS 329. - Example 3 – Partial Entry:
Sunil pushes his hand through a window into someone’s house to unlock it. Even without full entry, it is house-trespass.
7. Importance of BNS Section 329
- Protects property rights and personal safety.
- Upholds the sanctity of homes and places of worship.
- Discourages unlawful intrusion, harassment, and intimidation.
- Provides legal remedies to victims of intrusion quickly.
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 happens when a person enters someone else’s property without permission and with a wrongful purpose. The intention behind the entry must be to commit an offense or to cause fear, insult, or annoyance to the property owner. Even if a person enters legally at first but later stays there unlawfully with such wrong intention, it still becomes criminal trespass. This provision helps protect people’s property rights and ensures they feel safe in their surroundings.
2. What is House-Trespass?
House-trespass is a special form of criminal trespass that involves entering places where people live, pray, or keep valuable items. This includes homes, religious places, or storage buildings. The law also covers temporary structures such as tents or boats used as homes. Entering such spaces without permission or authority is considered a serious violation as it invades privacy, personal life, and sacred areas. House-trespass is treated more strictly because it affects the safety and dignity of people inside those spaces.
3. Partial Entry Counts as Trespass
A person does not need to fully enter a property for it to become trespass. Even placing a hand, foot, or any part of the body into someone’s premises is enough to be considered trespass. For example, reaching through a window to steal or unlock a door qualifies as trespass. This rule is important because it stops people from making even small or partial attempts to enter someone’s property without permission.
4. Purpose Behind Criminal Trespass
The most important factor in criminal trespass is the intention of the person entering the property. If a person enters with a bad intention—such as to steal, damage property, threaten someone, or disturb peace—it is a criminal offense. But if someone enters by mistake or without any harmful intention, the act is not considered criminal trespass. This ensures that only wrongful and dishonest actions are punished, not accidental or harmless entry.
5. Punishment for Criminal Trespass
A person found guilty of criminal trespass can be punished with imprisonment for up to 3 months, or a fine of up to ₹5,000, or both. Although the punishment is lighter compared to more serious crimes, it still works as a warning for people not to violate others’ property. Criminal trespass is cognizable and bailable, meaning police can investigate without needing court permission, and the accused has the right to get bail.
6. Punishment for House-Trespass
House-trespass carries a stricter punishment because it involves entering a home or sacred place. The punishment can be imprisonment for up to 1 year, or a fine of up to ₹5,000, or both. This offense is also cognizable and bailable, and the case can be handled by any Magistrate. The law gives extra protection to homes and religious places, acknowledging their personal and emotional importance.
7. Difference Between Criminal Trespass and House-Trespass
Criminal trespass can occur on any type of property, such as open land, farms, open grounds, or outside areas. House-trespass happens only when the trespass occurs in a closed or protected space, such as a home, temple, office, or a secured building. Since house-trespass invades a person’s private or sacred space, it carries higher punishment. Both offenses protect property, but house-trespass is considered more serious.
8. Classification of Offenses
Both criminal trespass and house-trespass are cognizable and bailable offenses. Cognizable means police can take action and start the investigation without waiting for a court order, allowing quick response in such cases. Bailable means the accused can seek bail as a legal right. This balanced classification ensures public protection while also respecting the legal rights of the accused.
9. Examples of Criminal Trespass and House-Trespass
A simple example of criminal trespass is when a person enters another person’s farmland or garden to damage crops or create fear, without any lawful reason. An example of house-trespass is when someone breaks into a locked house, temple, or shop with the intention to steal or cause harm. These examples show how the law applies to different types of illegal entry based on the place and intent behind it.
10. Why BNS Section 329 is Important?
BNS Section 329 is important because it protects people from unauthorized entry into their personal spaces. It creates a legal boundary that separates lawful entry from illegal intrusion. The law values the privacy and safety of homes, religious places, and property. By punishing violators, it prevents criminal behavior and maintains peace, respect, and trust in society. This law encourages people to respect the rights and privacy of others.
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.
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.
BNS 329 bailable or not ?
BNS Section 329 offenses are bailable, meaning the accused can secure release on bail.
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 |
Comparison: BNS Section 329 vs IPC Sections 441–448
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 329 | Defines and punishes criminal trespass and house-trespass — unlawful entry into property or homes to commit an offense, intimidate, insult, or annoy lawful occupants. | Criminal trespass: up to 3 months imprisonment or ₹5,000 fine, or both. House-trespass: up to 1 year imprisonment or ₹5,000 fine, or both. |
Bailable | Cognizable | Any Magistrate |
| IPC Sections 441–448 (Old) | IPC 441 defined criminal trespass; IPC 442 defined house-trespass; IPC 447 and 448 prescribed punishments for unlawful entry into land or dwellings with intent to insult, annoy, or commit an offense. | Criminal trespass (Sec 447): up to 3 months imprisonment or fine, or both. House-trespass (Sec 448): up to 1 year imprisonment or ₹1,000 fine, or both. |
Bailable | Cognizable (in most cases) | Any Magistrate |
BNS Section 329 FAQs
What is Criminal Trespass under BNS 329?
Criminal trespass is unlawfully entering or remaining on someone’s property with the intent to commit a crime, intimidate, insult, or annoy.
What is House-Trespass?
House-trespass is entering a building, tent, or vessel used for living, worship, or property storage with unlawful intent.
What are the punishments for criminal trespass and house-trespass?
Criminal trespass: Up to 3 months imprisonment, ₹5,000 fine, or both.
House-trespass: Up to 1 year imprisonment, ₹5,000 fine, or both.
Are these BNS 329 offenses bailable?
Yes, both criminal trespass and house-trespass are bailable offenses.
Conclusion
BNS Section 329 plays a vital role in protecting property rights, homes, and places of worship from unlawful intrusions. By clearly distinguishing between criminal trespass and house-trespass, the law ensures proportional punishment that reflects the seriousness of each offense. With imprisonment of up to 3 months for criminal trespass and up to 1 year for house-trespass, along with fines, the law acts as a deterrent against malicious intent and disrespect for private boundaries. This provision safeguards not only physical spaces but also the dignity and security of individuals, making it a cornerstone in maintaining peace and trust in society.
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Finished with BNS 329 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 330 BNS : House-trespass and house-breaking.
- https://marriagesolution.in/bns_section/330-bns/
- 331 BNS : Punishment for house-trespass or housebreaking .
- https://marriagesolution.in/bns_section/331-bns/
- 332 BNS : House-trespass in order to commit offence .
- https://marriagesolution.in/bns_section/332-bns/
- 333 BNS : House-trespass after preparation for hurt, assault or wrongful restraint.
- https://marriagesolution.in/bns_section/333-bns/
- 334 BNS : Dishonestly breaking open receptacle containing property.
- https://marriagesolution.in/bns_section/334-bns/
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