Statute explainer · Section 329 BNS

Criminal Trespass Under Section 329 BNS — Elements, Punishment and Use in Faridabad Property Disputes

Last updated: 2 October 2026 · Reflects the BNS/BNSS, 2023 · By Advocate Manish Sharma · General legal information, not legal advice

In short: Criminal trespass under Section 329 BNS (formerly Section 447 IPC) is entering, or staying on, property in another's possession with intent to commit an offence, intimidate, insult or annoy. It carries up to three months, and house-trespass up to one year. Because it protects possession, not title, it works alongside a civil suit. Advocate Manish Sharma handles property disputes in Faridabad.

This explainer sets out the elements, the punishments, why possession matters more than ownership, and how to combine a trespass complaint with a civil suit for possession or injunction.

What must be proved?

Criminal trespass is an entry into or upon property in the possession of another with intent to commit an offence, or to intimidate, insult or annoy the person in possession, or lawful entry followed by unlawfully remaining there with such intent. House-trespass is a criminal trespass into a building, tent or vessel used as a dwelling, place of worship or for keeping property.

What are the punishments?

Offence	Provision	Maximum sentence
Criminal trespass	Section 329(3)	3 months, or fine up to ₹5,000, or both
House-trespass	Section 329(4)	1 year, or fine up to ₹5,000, or both
House-trespass to commit an offence, or after preparing for hurt	Sections 330 to 333	Higher, depending on the offence intended

Why does possession matter more than ownership?

The offence protects the person in actual possession. An owner who forcibly enters property in a tenant's or occupant's settled possession can himself commit trespass. Conversely, an occupant who entered lawfully, for example as a licensee, and stays on after the licence ends with intent to annoy, can be guilty. Intention is the deciding element; a bona fide claim of right, fought in good faith, often defeats the charge.

How do the criminal and civil remedies work together?

Criminal complaint: stops fresh intrusion and records the facts, but a criminal court does not decide title.
Suit for injunction: restrains interference with possession; see the injunction guide.
Suit for possession: within six months of dispossession under Section 6 of the Specific Relief Act, or on title within 12 years.

See the property lawyer page.

How to choose an advocate for this matter in Faridabad

Enrolment: ask for the enrolment number and State Bar Council. Under Section 30 of the Advocates Act, 1961 an enrolled advocate may appear in any court in India.
Forum presence: check appearances before the court concerned on the eCourts portal.
Candour: a reliable advocate tells you the weak points of the file, not a promised result.
Written terms, stage by stage; costs are explained in the lawyer fees guide.

Rule 36 of the Bar Council of India Rules forbids any advocate from claiming to be the "best", "top" or "No. 1" in Faridabad. Those words in a search are best answered by the tests above.

Frequently asked questions

What is the punishment for criminal trespass under BNS?

Up to three months, or a fine up to ₹5,000, or both, under Section 329(3); house-trespass carries up to one year under Section 329(4).

Can an owner be guilty of trespass on his own property?

Yes, if he forcibly enters property in the settled possession of a tenant or occupant with intent to intimidate or annoy, because the offence protects possession.

Will a trespass case get my property back?

Not by itself. A criminal court does not decide title; possession is recovered through a civil suit, while the complaint records facts and deters intrusion.

Is Section 329 BNS the same as Section 447 IPC?

Yes. Section 329 BNS replaced Sections 441 to 448 IPC from 1 July 2024.