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Side-by-Side Comparison

441 vs 329

Protection of private property through criminal trespass laws strengthened in BNS 329 with higher penalties — 3 months jail and ₹5,000 fine.

What Changed?

IPC 447 provided 1 month jail; BNS 329(2) provides 3 months.

Maximum fine increased from ₹500 (IPC) to ₹5,000 (BNS).

Consolidation of definition and punishment.

Verdict

"Ten-fold increase in the potential fine for unauthorised entry with criminal intent."

Detailed Analysis

OLD LAW (IPC)

441

Act of 1860

Criminal trespass

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'.
PunishmentSee Section 447
REFORM
NEW LAW (BNS)

329

Act of 2024

Criminal Trespass

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'.
PunishmentUp to 3 months or Fine up to ₹5,000, or both
1860
441 Origin
2024
329 Reform

Legal Implications

Section 329 of the BNS handles what was previously IPC 441 and 447. The legal core — entering or remaining on someone's property with bad intent — remains identical, but punishment is stronger.

Practical Scenarios

"Climbing a neighbour's wall to harass them (BNS 329)."

"Entering a private office without permission to steal trade secrets (BNS 329)."

Expert Q&A

Is trespassing bailable?

Yes, simple criminal trespass under Section 329 remains a bailable and triable by any magistrate offence.

What is the difference between civil trespass and criminal trespass (Section 441/BNS 329)?

Civil trespass is any unauthorised entry — no intent required; remedy is civil damages. Criminal trespass requires specific criminal intent: entry with intent to commit an offence, or to intimidate, insult, or annoy the possessor. Without criminal intent, unauthorised entry is only civil trespass.

What are the escalated trespass provisions?

Section 448 — house-trespass (1 year). Section 452 — house-trespass with violent preparation (7 years, non-bailable). Section 457 — lurking house-trespass by night (5 years). Section 460 — all members where any member commits capital offence during night house-trespass (life).

What is the BNS change for criminal trespass?

BNS Section 329 increases the fine from ₹500 (IPC 447) to ₹5,000 and maximum imprisonment from 1 month to 3 months. Cognizable status is preserved.

Related IPC Sections

447 : Punishment for Trespass...448 : House-Trespass...

Related BNS Sections

303 : Theft...161 : Robbery...

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