Someone Enters or Occupies Your Property? Sections 329-334 BNS vs IPC 441-462

Someone entering or refusing to leave property you possess, breaking into a building, or breaking open a locked container on it, is criminal trespass, house-trespass or house-breaking under Sections 329-334 of India's Bharatiya Nyaya Sanhita, 2023 — the direct successor to IPC Sections 441-462 — with the same jail terms but sharply higher fines.

The situation

A person occupies, enters, or refuses to vacate land or a building in another person's possession — as can arise in property and boundary disputes, tenancy disagreements, or disputes between co-owners or family members. In some cases the person forces entry into a locked building, or breaks open a locked almirah or other container on the property. The person in possession wants to know what criminal provisions, if any, are engaged, separately from whatever civil remedy (a suit for possession or an injunction) may also be available.

Old law vs new law at a glance

What the law requires now, step by step

Step 1 — Is there criminal trespass at all?

Section 329(1) BNS is the starting definition:

"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."

Two routes into the offence are covered: entering with the wrongful intent, or lawfully entering and then unlawfully overstaying with that intent. The wrongful intent — to commit an offence, or to intimidate, insult or annoy — is essential; entry alone is not enough. The base punishment, under Section 329(3) BNS, is imprisonment up to three months, or a fine which may extend to five thousand rupees, or both — the same jail term as Section 447 IPC, but a fine raised tenfold from the IPC's five-hundred-rupee cap.

Step 2 — Is the property a dwelling, a place of worship, or a place of custody of property?

If so, the offence escalates to house-trespass. Section 329(2) BNS:

"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."

The punishment under Section 329(4) BNS rises to imprisonment up to one year, or a fine which may extend to five thousand rupees, or both — again the same jail term as Section 448 IPC, with the fine raised from the IPC's one-thousand-rupee cap.

Step 3 — Was entry gained by one of the six specific methods that make it house-breaking?

Section 330(2) BNS lists the same six methods as Section 445 IPC, now lettered (a)-(f) instead of "First" to "Sixthly" — entering or quitting (a) through a passage made by the trespasser or an abettor; (b) through a passage not intended for human entrance, or one reached by scaling or climbing over a wall or building; (c) through a passage opened by a means the occupier did not intend it to be opened by; (d) by opening a lock; (e) by using criminal force, committing an assault or threatening assault; or (f) through a passage the trespasser knows was fastened and was unfastened by himself or an abettor. Meeting any one of these turns house-trespass into house-breaking, which is punished more severely under Section 331 BNS depending on further aggravating factors — committed after sunset and before sunrise, in order to commit a further offence, or after preparation for causing hurt.

Step 4 — Was the trespass or house-breaking committed to commit a further offence?

Section 332 BNS grades the punishment by the seriousness of the offence the trespasser intended to commit inside:

"Whoever commits house-trespass in order to the committing of any offence--- (a) punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine; (b) punishable with imprisonment for life, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine; (c) punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years... : Provided that if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years."

This consolidates what were three separate IPC sections (449, 450, 451) into one section with three clauses, at the same punishment levels.

Step 5 — Was the property, once entered, forcibly opened?

Section 334 BNS covers a locked almirah, box or other closed receptacle which contains, or which the person believes to contain, property:

"(1) Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."

Where the person who broke it open had been entrusted with the receptacle but had no authority to open it, Section 334(2) BNS raises the maximum to three years — identical to Sections 461 and 462 IPC.

What changed — and what did not

• Modified: Fine for simple criminal trespass raised tenfold — Rs. 500 under Section 447 IPC to Rs. 5,000 under Section 329(3) BNS.
• Modified: Fine for house-trespass raised fivefold — Rs. 1,000 under Section 448 IPC to Rs. 5,000 under Section 329(4) BNS.
• Identical: Every imprisonment term across the trespass and house-breaking ladder — three months, one year, two years, three years, seven years, ten years, life — is unchanged from the IPC.
• Merged: Three separate IPC sections on trespass to commit a graded offence (449, 450, 451) become one section with three clauses (Section 332 BNS); several IPC sections on lurking house-trespass and its night-time and hurt-preparation variants (453-460) become one section with eight sub-sections (Section 331 BNS).
• Identical: Breaking open a receptacle containing property — Sections 461-462 IPC and Section 334(1)-(2) BNS carry the same two-tier, two-year/three-year structure.

Which law applies to your case

Whether the entry, occupation or breaking-open is charged under the IPC or the BNS depends on when it happened, not on when the complaint is filed. Section 358(2) BNS preserves this: the IPC's repeal does not affect "any penalty, or punishment incurred in respect of any offences committed against the Code so repealed", and such proceedings "may be instituted, continued or enforced... as if that Code had not been repealed." For conduct before 1 July 2024, the applicable sections are the IPC's 441-462; for conduct on or after that date, they are the BNS's 329-334. For the full transition rule, see Which law applies to an offence committed before 1 July 2024.

Practical checklist

For the person in possession:

• Note down the exact date, time and manner of entry — whether force, scaling, an opened lock or an unfastened passage was involved, since that determines whether it is trespass or the more serious house-breaking.
• Record whether the property is a dwelling, a place of worship, or a place used to store property, since that determines whether Section 329(2) BNS (house-trespass) or only Section 329(1) (simple criminal trespass) applies.
• Note whether any closed receptacle (an almirah, box or other container) was broken open separately from the entry itself, since that can engage Section 334 BNS as an additional charge; a lock opened to get in is instead one of the Section 330(2) house-breaking methods.
• This guide covers only the criminal provisions; any civil remedy for possession is outside its scope.

For the advocate:

• Establish the date of the alleged entry first, to fix whether IPC Sections 441-462 or BNS Sections 329-334 govern.
• Identify which of Section 329(1) (simple trespass) or 329(2) (house-trespass) the facts support, and whether any of the six Section 330(2) house-breaking methods are made out.
• Where an intended further offence is alleged, match the facts to the correct Section 332 BNS clause — the punishment differs sharply between an intended offence punishable with imprisonment generally and one where theft was intended.
• Confirm the fine claimed or charged reflects the correct statute — Rs. 500/Rs. 1,000 IPC caps for pre-1 July 2024 conduct, Rs. 5,000 BNS caps for conduct on or after that date.

Frequently asked questions

What is the difference between criminal trespass and house-trespass under the new law?

Section 329(1) BNS defines criminal trespass as entering or remaining on property in another's possession with intent to commit an offence, or to intimidate, insult or annoy. Section 329(2) BNS defines house-trespass as criminal trespass committed specifically by entering or remaining in a building, tent or vessel used as a human dwelling, a building used as a place for worship, or a place for the custody of property — a narrower, more serious category carrying a higher penalty.

Has the punishment for trespass increased under BNS?

The imprisonment terms are the same as under the IPC — up to three months for simple criminal trespass and up to one year for house-trespass. What has increased is the fine: Section 329(3) BNS raises the maximum fine for criminal trespass from five hundred rupees under Section 447 IPC to five thousand rupees, and Section 329(4) BNS raises the maximum fine for house-trespass from one thousand rupees under Section 448 IPC to five thousand rupees.

What counts as house-breaking as opposed to ordinary house-trespass?

Section 330(2) BNS lists six specific ways of entering or leaving that turn house-trespass into house-breaking — entering or quitting through a passage made by the trespasser or an abettor; through a passage not intended for human entrance, or one reached by scaling or climbing over a wall or building; through a passage opened by a means the occupier did not intend it to be opened by; by opening a lock; by using criminal force, committing an assault or threatening assault; or through a passage the trespasser knows was fastened and was unfastened by himself or an abettor. This list is carried over from Section 445 IPC without change.

What if someone breaks into my property intending to commit a further offence, like theft?

Section 332 BNS (successor to Sections 449-451 IPC) grades the punishment by the seriousness of the intended offence — up to life imprisonment if the intended offence is punishable with death, up to ten years if punishable with life imprisonment, and up to two years (extendable to seven years if the intended offence is theft) for any other offence punishable with imprisonment.

What about someone breaking open a locked almirah, box or other container on my property?

Section 334 BNS (successor to Sections 461-462 IPC) punishes dishonestly breaking open a closed receptacle believed to contain property with up to two years' imprisonment, rising to three years if the person who broke it open had been entrusted with the receptacle but had no authority to open it.

Is entering someone's property during a genuine property or boundary dispute automatically criminal trespass?

Only if the entry or continued presence is accompanied by the intent Section 329(1) BNS requires — to commit an offence, or to intimidate, insult or annoy the person in possession. A bona fide, mistaken, or civilly disputed entry without that intent does not by itself meet the definition; this is a factual question decided on the evidence in each case.

Related on Veritect

• Which law applies to an offence committed before 1 July 2024
• Police search of your home: videography and BNSS
• Threatened for money or with harm: extortion and threats
• Section 415-420 IPC vs Section 318-319 BNS — Cheating
• Section 447-448 IPC vs Section 329 BNS — Criminal Trespass and House-Trespass (IPC 441-448)
• Section 427 IPC vs Section 324 BNS — Mischief (IPC 425-427 and 440)
• Sections 1–5 IPC vs Section 1 BNS — Title, Extent and Territorial Application

Statutory sources

• Indian Penal Code, 1860 — Sections 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 461, 462 (repealed w.e.f. 1 July 2024)
• Bharatiya Nyaya Sanhita, 2023 — Sections 329, 330, 331, 332, 333, 334, 358

This guide explains the statutory text of the BNS, BNSS and BSA as enacted. It is not legal advice; for a specific case, consult an advocate.