(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.
Simplified Explanation
Section 329 of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) addresses the offenses of criminal trespass and house-trespass, outlining the conditions for both and the penalties associated with them.
Key Provisions of Section 329:
1. Criminal Trespass:
- Definition: A person commits criminal trespass if they:
- Enter or remain on property in the possession of another with the intent to commit an offense or to intimidate, insult, or annoy the person in possession of that property.
- Unlawfully Remaining: If a person lawfully enters a property but remains unlawfully with the intent to commit an offense or to intimidate, insult, or annoy someone, it also constitutes criminal trespass.
2. House-Trespass:
- Definition: House-trespass is a specific type of criminal trespass and occurs when a person:
- Enters or remains in a building, tent, or vessel used as a human dwelling, or in a building used as a place of worship or as a place for the custody of property.
- Explanation: Even the introduction of any part of the criminal trespasser’s body into such property is enough to constitute house-trespass.
3. Punishment for Criminal Trespass:
- Whoever commits criminal trespass is punishable with:
- Imprisonment of either description for a term which may extend to three months, or
- A fine which may extend to five thousand rupees, or
- Both.
4. Punishment for House-Trespass:
- Whoever commits house-trespass is punishable with:
- Imprisonment of either description for a term which may extend to one year, or
- A fine which may extend to five thousand rupees, or
- Both.
Summary:
- Criminal Trespass involves entering or unlawfully remaining on someone else’s property with the intent to commit an offense or cause harm.
- House-Trespass is a more serious offense, involving entry into or unlawful presence in buildings or structures used for dwelling, worship, or the custody of property.
- Punishments vary, with house-trespass attracting a higher penalty (up to one year imprisonment) compared to general criminal trespass (up to three months imprisonment). Both offenses can result in fines as well.
