IPC 447 to BNS Section 329 : Punishment for Criminal and house-trespass

IPC Section 447, which dealt with criminal trespass, has now been transitioned to BNS Section 329. This article offers an expert analysis of BNS Section 329, highlighting its provisions, punishments, and practical implications. As you know the transition IPC to BNS has come into effect since 01 July 2024.

If you’re searching for IPC 447 in BNS or wondering whether IPC 447 is bailable or compoundable, this article will provide the clarity you need.

BNS Section 329: Criminal Trespass and House-Trespass

Sub-section (1): Criminal Trespass

BNS Section 329(1) defines criminal trespass as:

“Whoever enters into or upon property in possession of another with intent to commit an offence, or to intimidate, insult, or annoy the person in possession of such property, or having lawfully entered, unlawfully remains there with similar intent, is said to commit criminal trespass.”

Key Elements:

• Intent: The intent to commit an offence or to intimidate, insult, or annoy is crucial.
• Unlawful Presence: Even lawful entry can become criminal trespass if the person stays unlawfully with malicious intent.

Illustration:

Suppose Person A enters Person B’s farmland to intimidate them during a property dispute. This constitutes criminal trespass under Section 329(1).

Sub-section (2): House-Trespass

BNS Section 329(2) introduces house-trespass, which extends the scope of criminal trespass:

“Whoever commits criminal trespass by entering or remaining in any building, tent, or vessel used as a human dwelling, a place of worship, or a place for the custody of property, is said to commit house-trespass.”

Explanation:

Even a partial entry, such as extending a hand into a property, constitutes house-trespass.

Illustration:

Person C enters a warehouse (custody of property) at night intending to steal goods. This act qualifies as house-trespass under Section 329(2).

Punishments Under BNS Section 329

• Criminal Trespass (Sub-section 3):
  • Imprisonment: Up to 3 months.
  • Fine: Up to ₹5,000.Or both.
• House-Trespass (Sub-section 4):
  • Imprisonment: Up to 1 year.
  • Fine: Up to ₹5,000.Or both.

Is BNS Section 329 Bailable and Compoundable?

• Bailable: Both criminal trespass and house-trespass are bailable offences.The accused can secure bail from the police or a magistrate.
• Compoundable:These offences are compoundable by the person in possession of the trespassed property. A compromise between the trespasser and the property owner can lead to the dismissal of charges.

Illustration :

If Person D unlawfully enters Person E’s garden but later apologizes and resolves the matter amicably, Person E can compound the offence by informing the magistrate.

Trial Procedure for Section 329

• Cognizability: BNS Section 329 offences are cognizable, allowing the police to register a case and investigate without prior magistrate approval.
• Trial Court: Any Magistrate has the authority to try cases under this section, ensuring a swift and accessible legal process.

Key Differences Between IPC 447 and BNS Section 329

Aspect	IPC 447	BNS 329
Scope	Focused on Criminal Trespass	Expanded to include house trespass explicitly
Punishment	Imprisonment upto 3 months, fine upto Rs. 500/-	Imprisonment upto 1 year fine upto Rs. 5000/-
Compoundability	Compoundable by property owner	Compoundable by property owner

Practical Application of Section 329

• Criminal Trespass Case: A political rally spills into private farmland, causing damage and annoyance to the owner. Here, the protesters can be booked under BNS Section 329(1) for criminal trespass.
• House-Trespass Case: A burglar breaks into a temple at night. The act falls under BNS Section 329(2) as house-trespass.

What has changed from IPC 447 to BNS 329

The shift from IPC 447 to BNS Section 329 strengthens property rights by introducing stricter penalties and clearer definitions. It ensures that acts of trespass, especially in sensitive locations like homes and places of worship, are dealt with more rigorously.

Conclusion : IPC 447 to BNS 329

The introduction of BNS Section 329 in place of IPC 447 signifies a modernized approach to addressing trespass-related offences. By broadening the scope and increasing penalties, the law provides a more robust framework for protecting property rights.

Whether you are a legal professional, property owner, or simply curious about Indian law, understanding these provisions is essential in navigating disputes effectively.

For further consultation or case-specific advice, always seek guidance from a legal expert well-versed in the Bharatiya Nyaya Sanhita, 2023.

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FAQ : IPC 447 to BNS

Disclaimer : However the content on this site is reviewed by a professional advocate and legal expert but the content is for only educational purposes. For more details you should refer to an advocate or a legal professional. 

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