Section 329

Criminal trespass and house-trespass.

The Bharatiya Nyaya Sanhita, 2023

  • Act 45 of 2023
  • Ministry of Home Affairs
  • Department of Internal Security
About this Act

An Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto.

All sections

Chapter XVII: Of offences against property Sections 303 to 334

    (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.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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