IPC 448 in the new BNS 2023

If you have been named in an FIR or notice under this section, the section number alone does not decide the outcome — the facts, the evidence and the procedure do. Many cases turn on procedural lapses, bail strategy and the exact ingredients of the offence.

House-trespass is criminal trespass committed in relation to a dwelling or a comparable protected place. The BNS places the punishment at Section 329(4), alongside the other trespass provisions.

What the section requires

For the offence to be made out, these ingredients have to be established:

• the accused committed house-trespass
• the property entered was a building, tent or vessel used as a human dwelling, or as a place of worship or for the custody of property
• the entry or remaining was with the intent that criminal trespass requires

What changed from the IPC

The offence is unchanged in substance. What changed is the arrangement: the IPC dealt with criminal trespass and house-trespass across separate sections, while the BNS consolidates the definitions and punishments into Section 329, with house-trespass defined at 329(2) and its punishment at 329(4).

How this section is distinguished from related offences

The distinguishing feature is the character of the place entered rather than the manner of entry. A building used as a human dwelling, a place of worship, or a place used for the custody of property brings the offence within house-trespass. Where entry is effected by breaking in, through a passage not intended for entry, or by other means the section specifies, the offence escalates to house-breaking under BNS 330, which is treated more seriously again. The underlying intention requirement carries over from criminal trespass, so an entry without the required intent does not become an offence merely because the place entered was a dwelling.

How the case proceeds

Tried by a magistrate. Evidence of possession of the premises, the mode of entry and any conduct evidencing the required intention are the usual issues. Where the complaint arises from a tenancy or family dispute over occupation, the civil background is often significant.

Evidence that usually decides these cases

Evidence of possession of the premises and of the character of the building are both required, since the offence depends on the place entered being a dwelling, place of worship or place for the custody of property. The mode of entry, any damage to doors, locks or windows, and photographs of the scene establish whether the case remains house-trespass or escalates to house-breaking. Statements from occupants and neighbours about the manner and timing of entry are usually central.

How courts approach sentencing

The maximum is one year, or a fine, or both. Courts weigh whether the entry was at night, whether occupants were present, whether force was used and whether anything was taken, since those circumstances often indicate that a more serious offence was intended. Where the entry accompanied another offence, sentencing reflects the combination.

Defences that commonly apply

Lawful authority to enter, consent, and a bona fide claim of right are the principal answers, particularly in disputes between co-owners, family members and landlords and tenants. Because house-trespass builds on criminal trespass, the absence of an intention to commit an offence or to intimidate, insult or annoy defeats the charge even where the entry itself is admitted.

How a case under this section typically progresses

The process begins with the complaint and an inspection of the premises, with photographs of any damage to doors, locks or windows. Establishing the character of the building and who was in possession is central to the investigation. The case is tried by a magistrate. Where the entry accompanied a theft or an assault, those offences are usually charged together, which lengthens the proceedings and raises the overall sentencing exposure beyond the one year the trespass provision alone carries.

Documents worth gathering early

Obtain the documents establishing who was in lawful possession of the premises, including the rent agreement, ownership records, utility bills and any prior correspondence about occupation. Photograph the premises, including the point of entry and any damage to doors, locks or windows, because the mode of entry decides whether the case remains house-trespass or escalates. Where the dispute involves a tenancy, family arrangement or co-ownership, the documents establishing that arrangement are central. Identify occupants and neighbours who can describe the manner and timing of the entry.

Note on bail and cognizability. Whether an offence is cognizable, and whether it is bailable, is set by the First Schedule to the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, not by the BNS section itself. Because that classification decides whether police can arrest without a warrant and how bail is approached, check it for your specific section with an advocate rather than relying on a general summary.

If you have been named under this section

The nature of the premises and the basis on which entry was made are the central questions. Disputes involving tenants, co-owners or family members frequently involve a genuine claim to occupy, which is directly relevant to whether the intention the offence requires can be established. It is also worth checking what else has been charged alongside the trespass, because house-trespass is often accompanied by allegations of theft, assault or mischief, and those carry the greater part of the sentencing exposure. Where the complaint follows a dispute about occupation that has already been raised in a civil forum, the existence and stage of those proceedings should be placed on record early.

Common misunderstandings

"Any entry into a house is house-trespass."
The intention requirement from criminal trespass still applies. Entry into a dwelling without that intention is not the offence.

"House-trespass and house-breaking are interchangeable."
House-breaking, under BNS 330, involves specific modes of entry such as breaking in, and is treated more seriously than house-trespass.

"A landlord can never be accused in relation to their own property."
Where a tenant is in lawful possession, entry against their will can raise the question, which is why possession rather than ownership is the operative fact.

Related BNS sections

• BNS 329 — Criminal trespass and house-trespass
• BNS 330 — House-trespass and house-breaking (IPC 442/445)
• BNS 331 — Punishment for house-trespass or house-breaking

Which code applies to your case

The Bharatiya Nyaya Sanhita 2023 replaced the Indian Penal Code 1860 with effect from 1 July 2024, and the change is not retrospective. The date the offence is alleged to have been committed decides which code governs it. An offence alleged to have occurred on or after 1 July 2024 proceeds under the BNS. An offence alleged to have occurred before that date continues to be investigated, tried, appealed and punished under the IPC, even where the FIR was registered later. Cases from the transition period frequently cite both numbering systems, which is why the old section number remains worth knowing.

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General information for understanding the IPC→BNS change, not legal advice. The BNS restructured many offences — confirm the exact section, sub-section and punishment with a licensed advocate.