BACK TO SECTIONSAIR 1933 All 421
BailableCognizable: Non-CognizableAny Magistrate
Reform Highlights
1
Renumbered from IPC 441/447 to BNS 329.
2
Intent requirement — to commit offence or intimidate, insult, annoy — preserved.
3
Aggravated forms (housebreaking by day and night) follow in subsequent sections.
THE STATUTE
The Clause
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'.
Legal Commentary
Section 329 defines criminal trespass — distinguishing it from mere civil trespass by requiring a specific criminal intent: the intent to commit an offence, or to intimidate, insult, or annoy the person in possession. Two scenarios are covered: (1) entering a property with the requisite criminal intent, and (2) lawfully entering but remaining unlawfully with that intent — covering a domestic worker who lawfully enters the home but remains after being asked to leave to commit theft. The intent requirement separates criminal trespass from accidentally wandering onto someone's land or entering in honest belief of a right. Aggravated forms carry higher punishment: housebreaking (Section 330) — entering by breaking a door, window, or roof — attracts up to 2 years; housebreaking at night (Section 331) attracts up to 3 years. These escalating provisions reflect the increasing violation of privacy and security as the means of trespass become more aggressive.
Landmark Precedents
Nand Kishore Lal v. Emperor (1933)
RELEVANCE
Criminal trespass requires the specific criminal intent listed in the provision — civil trespass without criminal intent does not attract BNS 329.
Case Simulations
"A person who climbs over a locked gate into a rival's factory at night to sabotage machinery — criminal trespass (entering with intent to commit an offence)."
"An ex-partner who enters a shared home after separation to harass the other person — criminal trespass (entering to intimidate or annoy)."
"A political party worker who enters a government building during protests and refuses to leave — criminal trespass (remaining with intent to annoy)."
Expert Insights
No. Criminal trespass requires criminal intent — to commit an offence, or to intimidate, insult, or annoy. Accidentally entering, or entering in honest belief of a right, is not criminal trespass under BNS 329.
Yes, if the landlord enters the tenant's rented premises without consent and with intent to intimidate or annoy. A tenant has possession during the tenancy, and the landlord's right of access is limited.