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IPC 1860REPEALED

Section 447

Punishment for criminal trespass

Replaced by: BNS 329

BailableCognizable: CognizableAny Magistrate
THE STATUTE

Original Text

Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

Simplified

Section 447 provides a light penalty for criminal trespass — reflecting that trespass into non-dwelling spaces with mere intent to annoy is at the lowest criminal threshold. The BNS (Section 329) increases the punishment to 3 months and the fine to ₹5,000 — modest but meaningful increases reflecting currency devaluation since 1860.

Landmark Precedents

Sunil Batra v. Delhi Administration (1980)

AIR 1980 SC 1579
RELEVANCE

When a public servant enters premises without lawful authority with criminal intent, Section 447 applies regardless of their official status.

Practical Scenarios

"Entering a neighbour's garden to harass them — Section 447."
"Entering a closed school premises at night to annoy the staff — Section 447."

Common Queries

Yes — BNS Section 329 increases the punishment to 3 months and the fine to ₹5,000 from the IPC's 1 month and ₹500.