BACK TO SECTIONS
BNS 2024ACTIVE FRAMEWORK

Section 330

House-Trespass

Replaces colonial-era: IPC 442

BailableCognizable: CognizableAny Magistrate

Reform Highlights

1

Renumbered from IPC 442 to BNS 330.

2

Definition preserved — building, tent, vessel used as dwelling or worship or property custody.

3

Punishment provided in Section 331.

THE STATUTE

The Clause

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.'

Legal Commentary

Section 330 defines 'house-trespass' as the specific form of criminal trespass that occurs when someone enters or remains in a building, tent, or vessel used as a human dwelling, a place of worship, or a place for custody of property. House-trespass is a subset of criminal trespass (Section 329) with a higher punishment (Section 331), reflecting the special sanctity of the domestic space and places of worship. The scope is broad: 'building' includes houses, apartments, shops, and offices; 'tent' includes temporary shelters and camping structures; 'vessel' includes boats, ships, and houseboats. The definition requires only that the building be used for the specified purpose — it need not be a permanent, dedicated structure.

Case Simulations

"Entering a person's apartment without permission with intent to steal — house-trespass under Section 330."
"Breaking into a temple compound — house-trespass (place of worship) under Section 330."

Expert Insights

If the office building is used for custody of property (cash, inventory, equipment), entry without permission with criminal intent would constitute house-trespass under Section 330.