BACK TO SECTIONSAIR 1980 SC 1579
BailableCognizable: CognizableAny Magistrate
THE STATUTE
Original Text
Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
Simplified
Section 447 provides a light penalty for criminal trespass — reflecting that trespass into non-dwelling spaces with mere intent to annoy is at the lowest criminal threshold. The BNS (Section 329) increases the punishment to 3 months and the fine to ₹5,000 — modest but meaningful increases reflecting currency devaluation since 1860.
Legal Evolution
Section 447 prescribes punishment for criminal trespass as defined in Section 441 — three months' imprisonment or fine up to ₹500 or both. The modest basic penalty reflects the intent-based nature of the offence; the physical act of entry is lawful trespass (civil) unless accompanied by the specific criminal intent specified in Section 441. The punishment increases for aggravated forms such as house-trespass (Section 448) and trespass prepared for violence (Section 452).
Landmark Precedents
Sunil Batra v. Delhi Administration (1980)
RELEVANCE
When a public servant enters premises without lawful authority with criminal intent, Section 447 applies regardless of their official status.
Practical Scenarios
"Entering a neighbour's garden to harass them — Section 447."
"Entering a closed school premises at night to annoy the staff — Section 447."
Common Queries
Yes — BNS Section 329 increases the punishment to 3 months and the fine to ₹5,000 from the IPC's 1 month and ₹500.