Section 329 of the Bharatiya Nyaya Sanhita (BNS) applies when a person enters another person’s property with the intent to commit an offense, intimidate, insult, or annoy the occupant.
If someone lawfully enters a property but refuses to leave with the intent to cause harm or commit a crime, it is also considered criminal trespass.
House-trespass occurs when criminal trespass is committed in a building, tent, vessel, or a place used as a dwelling, place of worship, or storage of property.
Even partial entry, such as inserting a hand or foot into the property, is enough to constitute house-trespass.
Punishment:
Whoever commits criminal trespass shall be punished with imprisonment of up to three months, or a fine up to ₹5,000, or both.
Whoever commits house-trespass shall be punished with imprisonment of up to one year, or a fine up to ₹5,000, or both.
How It Protects:
This section protects individuals from unlawful entry and intrusion into their property, homes, or places of worship.
It ensures that trespassers who enter with ill intent are held legally accountable and discourages acts of intimidation, harassment, or planned offenses inside private spaces.
Example:
If a person enters someone’s land without permission to threaten or harass them, they commit criminal trespass.
Similarly, if someone unlawfully enters a house or place of worship and refuses to leave, they commit house-trespass and face a stricter penalty.
