Bharatiya Nyaya Sanhita, 2023
Section 329
Criminal trespass and house-trespass
(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.
Why this exists
People have a right to control who enters their property and homes without fear of intimidation or harm. This section defines the basic offence of trespass and singles out intrusion into homes, places of worship, and storage buildings for higher punishment, recognising that these spaces demand greater protection due to the safety, privacy, and sanctity associated with them.
Common misconceptions
- Myth: Trespassing only counts if you break a lock or force your way in.
Fact: Even lawfully entering a property and then refusing to leave, with intent to annoy or intimidate the owner, counts as criminal trespass under this section.