Bharatiya Nyaya Sanhita 2023
Of criminal trespass :
Section 329 :
Criminal trespass and house-trespass :
(See section 441, 447 of IPC 1860)
Section : 329(3)
Classification of Offence:
Offence : Criminal trespass
Punishment : Imprisonment for 3 months, or fine of 5000 rupees, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The person in possession of the property trespassed upon.
By Which Court Triable : Any Magistrate.
———
Section : 329(4)
Classification of Offence:
Offence : House-trespass
Punishment : Imprisonment for 1 year, or fine of 5,000 rupees, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The person in possession of the property trespassed upon.
By Which Court Triable : Any Magistrate.
———
(1) 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”.
(2) 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.
(3) 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.
(4) 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.
Indian Penal Code 1860 (IPC 1860)
Of Criminal Trespass :
Section 441 :
Criminal trespass:
(See section 329 of BNS 2023)
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.
Section 447 :
Punishment for criminal trespass:
(See section 329(3) of BNS 2023)
Classification of Offence:
Offence: Criminal trespass.
Punishment :Imprisonment for 3 months, or fine of 500 rupees, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : The person in possession of the property trespassed upon.
By Which Court Triable :Any Magistrate.
————-
Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine or which may extend to five hundred rupees, or with both.