Indian criminal law | IPC and BNS
IPC Section 448: Punishment for House-Trespass
Section 448 of the Indian Penal Code, 1860 prescribed punishment for house-trespass. For offences governed by the Bharatiya Nyaya Sanhita, 2023 (BNS), the corresponding punishment appears in Section 329(4).
What did IPC Section 448 provide?
The original text of Section 448 stated:
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 one thousand rupees, or with both.
Thus, the maximum punishment under IPC Section 448 was imprisonment up to one year, a fine up to Rs. 1,000, or both. Imprisonment of either description meant simple or rigorous imprisonment, as applicable.
Meaning and essential ingredients of house-trespass
IPC Section 441 (criminal trespass) concerned entering property in another person's possession with intent to commit an offence or to intimidate, insult or annoy a person in possession, or unlawfully remaining there with such intent after lawful entry.
IPC Section 442 (house-trespass) applied when criminal trespass occurred by entering into or remaining in a building, tent or vessel used as a human dwelling, a building used as a place of worship, or a place used for custody of property. Introduction of any part of the trespasser's body was sufficient entry for this purpose.
To establish house-trespass, the prosecution must prove the relevant criminal-trespass intent and entry into, or unlawful remaining within, a place protected by the statutory definition. Mere ownership disputes, presence on property or an accidental entry do not automatically establish the offence.
Current law: BNS Sections 329(2) and 329(4)
Section 329(1) BNS defines criminal trespass. Section 329(2) BNS defines house-trespass using the protected categories of premises. Section 329(4) BNS prescribes punishment for house-trespass: imprisonment of either description for a term which may extend to one year, or fine which may extend to Rs. 5,000, or both.
| Issue | IPC Section 448 | BNS Section 329(4) |
|---|---|---|
| Offence | House-trespass | House-trespass |
| Maximum imprisonment | One year | One year |
| Maximum fine | Rs. 1,000 | Rs. 5,000 |
| Alternative punishment | Imprisonment, fine or both | Imprisonment, fine or both |
Illustrative situations
- A person enters another person's dwelling without permission, intending to intimidate the lawful occupant. Depending on the evidence, this may amount to house-trespass.
- A visitor enters lawfully but later remains in the building with the criminal intent required by the statute. This may also constitute house-trespass.
- A person accidentally walks into the wrong residence and immediately leaves after discovering the mistake. Without the requisite criminal intent, house-trespass is not established merely by the entry.
Arrest, bail and trial
Procedural classification depends on the law applicable to the alleged offence and the relevant schedule to the criminal procedure legislation. For cases governed by the BNS and Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), consult the First Schedule to the BNSS and any applicable special law or court order. The precise allegations, including any additional offences, can affect the procedure.
House-trespass compared with criminal trespass and house-breaking
Criminal trespass is the broader offence relating to property in another person's possession. House-trespass concerns entry into or remaining within specified buildings, tents or vessels. House-breaking involves additional statutory circumstances concerning the manner of entry or exit. The applicable punishment depends on the offence actually established and any aggravating facts.
Does IPC Section 448 still apply?
The IPC was repealed when the BNS commenced on 1 July 2024, subject to savings and transitional rules. Alleged acts committed before that date may continue to be assessed under the IPC, while acts committed on or after that date are generally assessed under the BNS. The relevant procedural framework must be determined separately where proceedings cross the transition date.
Official legislation and further reading
- India Code - official central legislation repository (search for the Indian Penal Code, 1860, the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023).
- Ministry of Home Affairs - official information on the new criminal laws.
- IPC sections and punishments index.
Updated: 31 October 2026. This article provides general legal information and is not a substitute for advice on the facts of a particular case.