Section 329 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed, well-supported summary of Section 329 of the Bharatiya Nyaya Sanhita, 2023 (BNS), within Chapter XVII – Offences Against Property:
🚪 Section 329 – Criminal Trespass & House‑Trespass
📌 Offence Described
(1) Criminal Trespass:
Occurs when someone enters another’s property without permission, with intent to:
Commit an offence, or
Intimidate, insult, or annoy the possessor.
It also applies if the person stays unlawfully on the property with such intent. (sudhirrao.com, citizen.complainthub.org, indianlawhub.com, myjudix.com)
(2) House‑Trespass:
A more serious form of trespass when it happens in:
A human dwelling (house, tent, vessel),
A place of worship, or
A building used for storing property.
Even inserting part of your body into such a place (e.g., hand or foot) counts. (lawrato.com, sudhirrao.com)
⚖️ Punishment
| Trespass Type | Sentence |
|---|---|
| Criminal Trespass | Up to 3 months imprisonment (simple/rigorous), or fine up to ₹5,000, or both (lawrato.com) |
| House‑Trespass | Up to 1 year imprisonment (simple/rigorous), or fine up to ₹5,000, or both |
📋 Key Details
Mental State Required: Entry or unauthorized stay must be intentional, with the purpose of committing an offence or causing annoyance.
Scope:
Criminal trespass covers land, premises, or structures.
House-trespass is limited to specified sensitive locations like homes and religious places.
Cognizable & Bailable: Police can arrest without a warrant; the accused is eligible for bail. (lawrato.com)
Tried by: Any Magistrate. (lawrato.com)
📝 Examples
Criminal Trespass: Jumping over a wall into someone’s garden to fetch a ball or to annoy the occupant.
House‑Trespass: Entering a private home, temple, or warehouse without consent, even if only partially (e.g., through a window) and intending to stay, intimidate, or commit an offence.
🧩 Why This Matters
Section 329 clearly establishes distinctions and penalties between general trespass and more serious intrusions into homes or places of worship. The enhanced punishment for house‑trespass reflects the greater expectation of privacy and sanctity in these spaces.
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