Bharatiya Nyaya Sanhita, 2023
Section 329 BNS: Criminal Trespass and House-Trespass
Section 329 of the Bharatiya Nyaya Sanhita, 2023 defines criminal trespass and house-trespass and separately provides punishment for each. The provision focuses not merely on entry onto property, but on entry or unlawful remaining accompanied by the specific intent stated in the section.
Section 329(1) BNS - Criminal Trespass
A person commits criminal trespass if he 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 that property.
Criminal trespass also includes a case where a person lawfully enters the property but later unlawfully remains there with intent to intimidate, insult or annoy the person in possession, or with intent to commit an offence.
The section therefore covers both wrongful entry with the required intention and unlawful remaining after an initially lawful entry.
Section 329(2) BNS - House-Trespass
House-trespass is a specific form of criminal trespass. It is committed where the criminal trespass consists of entering into or remaining in:
- a building, tent or vessel used as a human dwelling;
- a building used as a place for worship; or
- a building used as a place for the custody of property.
Because house-trespass is built upon criminal trespass, the prosecution must establish the required criminal-trespass intention in addition to the nature and use of the place entered or occupied.
Explanation - What Amounts to Entry for House-Trespass
The Explanation to Section 329 states that introducing any part of the criminal trespasser's body is sufficient entry to constitute house-trespass.
Complete bodily entry is therefore not required by the statutory definition.
Essential Ingredients of Criminal Trespass
- the property must be in the possession of another person;
- the accused must enter into or upon that property, or having lawfully entered, must unlawfully remain there;
- the entry or unlawful remaining must be accompanied by intent to commit an offence, or to intimidate, insult or annoy a person in possession; and
- for house-trespass, the property must additionally fall within the building, tent, vessel, place of worship or custody-of-property categories stated in Section 329(2).
Mere entry onto another person's property does not by itself satisfy Section 329. The statutory intention is an essential part of the offence.
Criminal Trespass vs House-Trespass
Criminal trespass under Section 329(1) is the broader offence. It may relate to property generally, provided the property is in another person's possession and the required intent exists.
House-trespass under Section 329(2) is narrower but more serious. It arises when the criminal trespass involves specified premises or structures used as a human dwelling, place of worship or place for custody of property.
Punishment, Cognizability, Bail and Trial Court
| Provision | Punishment | Cognizable | Bailable | Trial court |
|---|---|---|---|---|
| 329(3) | Up to 3 months, or fine up to Rs. 5,000, or both | Yes | Yes | Any Magistrate |
| 329(4) | Up to 1 year, or fine up to Rs. 5,000, or both | Yes | Yes | Any Magistrate |
Compounding Under the BNSS
Under the compounding provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, both criminal trespass under Section 329(3) and house-trespass under Section 329(4) may be compounded by the person in possession of the property trespassed upon.
Official Legal Sources
For authoritative statutory wording, procedural classification and compounding provisions, consult India Code, NCRB and the Ministry of Home Affairs resources listed in the right sidebar.
Frequently Asked Questions
What is criminal trespass under Section 329 BNS?
Criminal trespass involves entering property in another person's possession, or unlawfully remaining there after lawful entry, with intent to commit an offence or to intimidate, insult or annoy a person in possession.
What is house-trespass?
House-trespass is criminal trespass involving a building, tent or vessel used as a human dwelling, a building used for worship, or a building used for custody of property.
What is the punishment for criminal trespass?
Section 329(3) provides imprisonment up to three months, or fine up to Rs. 5,000, or both.
What is the punishment for house-trespass?
Section 329(4) provides imprisonment up to one year, or fine up to Rs. 5,000, or both.
Are Section 329 offences bailable?
Yes. Both criminal trespass and house-trespass under Section 329 are bailable.
Can Section 329 offences be compounded?
Yes. The BNSS permits compounding by the person in possession of the property trespassed upon.
This page provides general legal information. Application of Section 329 depends on the facts, possession, intention, nature of the premises and evidence in the individual case.