IPC §442 → BNS §329
House-trespass
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Comparison
442. House-trespass.—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. 1. Ins. by Act 8 of 1882, s. 10 2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
(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.
(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.
What changedAI-inferred
IPC 442 absorbed into BNS 329(2).
Old position
IPC 442 is concerned with House-trespass. House-trespass
New position
BNS 329 preserves the framework with drafting modernisations as required by the new code. Topic: Criminal trespass and house-trespass. 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,
BNS 329 (Criminal trespass and house-trespass) preserves the framework of IPC 442. BNS 329 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNS 329 text: Whoever enters into or upon property in the...
Editorial deltaAI-indicated (source-linked)
BNS 329 (Criminal trespass and house-trespass) preserves the framework of IPC 442. BNS 329 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNS 329 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 442 continues to apply. For matters from that date forward, BNS 329 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 329 (Criminal trespass and house-trespass). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §442 → BNS §329 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/442.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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