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IPC · Chapter XVII · Of offences against property

IPC section 447 in the BNS

IPC 447BNS 329(3)

IPC section 447, “Punishment for criminal trespass”, is now BNS section 329(3) of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.

What changed

From IPC 447 to BNS 329

Now sub-section (3) of BNS section 329. The maximum fine for criminal trespass rises from ₹500 to ₹5,000; imprisonment stays at up to three months.

The official text

Old and new, side by side

Indian Penal Code, 1860

Section 447 Punishment for criminal trespass

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 hundred rupees, or with both.

Bharatiya Nyaya Sanhita, 2023

Section 329 Criminal trespass and house-trespass

The part that carries IPC 447 is marked.

(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.

Explanation.—The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute 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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Also in BNS 329

Other IPC sections that went to the same place

Old law or new?

Which one applies to a case

The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.

Sources

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