Section 329 BNS: Criminal trespass and house-trespass

Section 329 BNS of the Bharatiya Nyaya Sanhita (BNS) 2023 is a key provision aimed at protecting property and privacy. It defines and penalizes two major offenses: criminal trespass and its aggravated form, house-trespass. These offenses reflect direct violations of an individual’s right to exclusive possession of property and peaceful enjoyment of their space.

Criminal trespass involves unlawful entry or refusal to leave someone else's property, with an intention to commit a crime or to intimidate, insult, or annoy the lawful possessor. House-trespass, a graver form, occurs when this happens within a dwelling, place of worship, or property storage site.

The law clearly defines the offenses, required intent, and the graded punishments. This article explains Section 329 BNS, compares it with the old IPC, and explores related cases and judicial interpretations. It also answers key questions like section 329 BNS punishment, 329 3 BNS bailable or not, and under section 329 4 BNS. Explore other important Judiciary Notes.

Section 329 BNS: Criminal and House Trespass

The bare act language of section 329 of the Bharatiya Nyaya Sanhita has been given as under-

• Whoever 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 such property or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence is said to commit “criminal trespass”.
• Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit “house-trespass”.
• Explanation: The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-trespass.
• Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
• Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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Section 329 of the Bharatiya Nyaya Sanhita (BNS) deals with criminal trespass and house-trespass. It outlines the definitions and punishments for entering or remaining on another person's property with specific malicious intentions.

Criminal Trespass

This offense occurs when someone enters or stays on someone else’s property intending to commit a crime or to intimidate, insult, or annoy the lawful possessor. Lawful entry that becomes unlawful due to malicious intent also qualifies.

Intent

Intent is crucial. Without it, accidental presence or innocent entry does not amount to criminal trespass. The intent to cause harm—whether physical or emotional—is what transforms entry into a criminal act under section 329 BNS act.

House-Trespass

A more serious form of trespass, it occurs when the individual unlawfully enters or remains in a building used for human dwelling, a place of worship, or a place for storing property. Even introducing a part of the body into such premises constitutes house-trespass.

Punishments

Punishments relating to section 329 are as under -

• Criminal trespass: Up to 3 months' imprisonment or ₹5,000 fine, or both (section 329 2 BNS).
• House-trespass: Up to 1 year imprisonment or ₹5,000 fine, or both (section 329 3 BNS punishment).

This gradation ensures proportional justice, aligning with societal expectations for protecting homes, religious sites, and personal property under section 329 BNS 2023.

Section 329 BNS:Essential Elements 

To establish a case under Section 329 BNS, the following legal ingredients must be present:

• Entry or unlawful remaining: The person must either enter without permission or refuse to leave even after being asked.
• Property in possession of another: The property must belong to or be lawfully possessed by someone else.
• Intent: The entry or remaining must be with the intent to commit an offence, or to intimidate, insult, or annoy.
• House-trespass extension: If the entry involves a dwelling, worship space, or storage building, it upgrades to house-trespass.

Even inserting a hand or any body part is enough to constitute trespass under section 329 3 BNS. Thus, criminal intent + unauthorized presence = trespass, and if in a specified space, it becomes house-trespass, subject to section 329 4 BNS implications.

The nature of Section 329 BNS is both preventive and corrective. It seeks to secure:

• Property rights
• Personal safety
• Religious sanctity
• Residential privacy

Scope:

• Applies in domestic, rental, political, and land disputes.
• Recognizes entry via physical presence or even partial intrusion.
• Includes misuse of initial lawful entry that later becomes hostile or threatening.

Bailable or not ?:

• Section 329 2 BNS: Bailable and non-cognizable.
• Section 329 3 BNS: Bailable but cognizable in aggravated cases.
• Under Section 329 4 BNS, if accompanied by violence or theft, the offense can become non-bailable.

Therefore, section 329 BNS bailable or non bailable depends on the degree of intrusion and associated criminal behavior.

Comparison: Section 329 BNS vs IPC Sections 441–442

Before BNS, similar conduct was covered under  Indian Penal Code (IPC). The transition to Section 329 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Feature	IPC Sections 441–442	Section 329 BNS
Law Code	Indian Penal Code (IPC)	Bharatiya Nyaya Sanhita (BNS) 2023
Title	Criminal and House Trespass	Section 329 BNS
Entry Definition	Defined	Clarified (partial body entry included)
Intent Requirement	Yes	Yes
Criminal Trespass Punishment	Up to 3 months (no fine specified)	3 months or ₹5,000 fine (section 329 2 BNS)
House-Trespass Punishment	1 year max	1 year or ₹5,000 fine (section 329 3 BNS)
Property Scope	Implied	Explicit (dwellings, worship, storage)
Bailable or not Clarified	Not clear	Clear in 329 3 BNS bailable or not

Section 329 BNS: Judicial Interpretation 

Indian courts have interpreted Section 329 BNS in line with the IPC precedents, where intent and unauthorized presence are core factors. The Supreme Court in Mathri vs. State of Punjab clarified that mere entry isn’t enough—malicious intent must exist.

In Krishna Bahadur vs. State of Bihar, the act of standing in a neighbor’s courtyard with an aggressive motive was held as criminal trespass. Further, courts have ruled:

• House-trespass includes emotional and religious intrusion, not just physical presence.
• Lawful entry turning unlawful due to changed intent is also punishable.
• Physical damage is not needed—psychological fear or disruption suffices.

Hence, courts take a holistic view of trespass incidents under section 329 BNS act based on context, motive, and impact.

Section 329 BNS: Landmark Cases

The landmark cases relating to section 329 of Bharatiya Nyaya Sanhita,2023 are explained as under, they are -

• Mathri vs. State of Punjab (1964) : The Supreme Court held that entering a residence with intent to harass qualifies as criminal trespass. This formed the basis of how section 329 BNS 2023 is interpreted today.
• Krishna Bahadur vs. State of Bihar (1995) : Even standing inside the boundary of someone else’s home to provoke them was seen as trespass.
• Ramesh vs. State of Maharashtra (2012) : A landlord entered the rented house post-eviction dispute. Despite being the owner, the intent to insult made it house-trespass under section 329 3 BNS.
• Babu Lal vs. State of Rajasthan (2019) : Unauthorized entry into a temple led to disturbance. The act was punished under section 329 4 BNS, reflecting trespass into a religious site.
• Anil Kumar vs. State of Delhi (2007) : Trespass into a secure storage area in a commercial bank was treated as aggravated house-trespass, due to sensitive property involved.

These cases reflect how courts handle violations under section 329 BNS punishment, balancing ownership with public interest.

Section 329 BNS: Impact

The implementation of Section 329 BNS has added clarity and efficiency in handling property-related offences. With explicit definitions, graded punishments, and clear intent requirements, this section fills many gaps left in the IPC. Key impacts include:

• Protection of sacred and private spaces
• Prevention of land encroachments and residential abuse
• Legal backing against tenant overstay, political trespass, or religious disruption

The fine specification up to ₹5,000 improves deterrence. Law enforcement now better understands how to differentiate between minor civil disputes and criminal violations under section 329 BNS act. Importantly, citizens now know whether 329 3 BNS bailable or not, helping them navigate rights and remedies more confidently.

Conclusion 

In conclusion, Section 329 BNS delivers a modern, clear, and robust legal structure for dealing with criminal trespass and house-trespass. By incorporating intent, place of intrusion, and motive, it ensures that violations of private, religious, or sensitive spaces are justly punished.

With tiered provisions—section 329 2 BNS for basic trespass, section 329 3 BNS for house-trespass, and under section 329 4 BNS for aggravated cases—the law now responds proportionately to offense severity.

Replacing outdated IPC sections, the BNS code offers clarity in bailability, penalties, and enforcement powers, all of which support India's evolving legal ecosystem.Ultimately, Section 329 BNS sends a strong message: property is to be respected, and violations—whether physical or psychological—will be addressed through structured, fair, and effective legal remedies.