Section 449 IPC: House-Trespass to Commit an Offence Punishable with Death

Understand the meaning, essential ingredients and punishment under the Indian Penal Code, 1860, and the corresponding provision in Section 332(a) of the Bharatiya Nyaya Sanhita, 2023.

What did Section 449 IPC provide?

Section 449 of the Indian Penal Code, 1860 dealt with house-trespass in order to commit an offence punishable with death. A person committing such house-trespass could be punished with imprisonment for life or rigorous imprisonment for a term not exceeding ten years and was also liable to a fine.

The section concerns the unlawful entry or unlawful remaining constituting house-trespass coupled with the specific purpose of committing an offence for which death is a punishment under the applicable penal law. Mere presence in another person's property, without the requisite criminal intent, does not automatically establish this aggravated offence.

Current law: BNS Section 332(a)

Section 332 of the Bharatiya Nyaya Sanhita, 2023 consolidates house-trespass committed in order to commit different categories of offences. Clause (a) applies where the intended offence is punishable with death. It prescribes imprisonment for life, or rigorous imprisonment for a term not exceeding ten years, and liability to fine.

The official text can be consulted in the Bharatiya Nyaya Sanhita, 2023 (India Code PDF). The Bureau of Police Research and Development also provides official resources on the new criminal laws.

Relevant legal definitions

Criminal trespass - BNS Section 329(1)

Criminal trespass broadly involves 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 a lawful entry.

House-trespass - BNS Section 329(2)

House-trespass occurs when criminal trespass is committed by entering or remaining in a building, tent or vessel used as a human dwelling, a building used for worship, or a building used for custody of property. Introduction of any part of the trespasser's body is sufficient entry for this definition.

Rigorous imprisonment

Rigorous imprisonment means imprisonment with hard labour, as distinguished from simple imprisonment. Section 332(a) specifically uses the term rigorous imprisonment for its alternative fixed-term sentence.

Essential ingredients of the offence

1. The accused must have committed house-trespass within the statutory meaning.
2. The entry or unlawful remaining must be accompanied by the required criminal intent.
3. The house-trespass must have been committed in order to commit an offence punishable with death.
4. The prosecution must establish the required elements beyond reasonable doubt through admissible evidence.

The intended capital offence need not necessarily be completed for this provision to be considered. However, the purpose of committing that offence must be proved; suspicion alone is insufficient.

Punishment under IPC and BNS

Cognizability, bail and trial

Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, an offence under BNS Section 332(a) is classified as cognizable and non-bailable and is triable by a Court of Session. Non-bailable does not mean bail is legally impossible; bail is determined under the applicable statutory provisions and judicial principles.

Illustrative example

Suppose a person unlawfully enters an occupied house with a proved intention to commit murder inside. Depending on the evidence and surrounding circumstances, the conduct may attract BNS Section 332(a), in addition to any other applicable offences. By contrast, a disagreement about entry into a property, without evidence of the necessary criminal purpose, does not by itself satisfy this aggravated provision.

Related provisions

BNS Section 332(b) concerns house-trespass to commit an offence punishable with imprisonment for life, while Section 332(c) concerns an offence punishable with imprisonment and contains a special proviso where theft is intended. BNS Section 333 separately addresses house-trespass after preparation for hurt, assault or wrongful restraint.

Application after 1 July 2024

The Bharatiya Nyaya Sanhita replaced the IPC as the principal central penal statute from 1 July 2024. The date of the alleged conduct, applicable savings provisions, and the nature of any pending investigation or proceeding are important in deciding which substantive and procedural provisions apply. The repeal does not simply erase liability for conduct committed while the IPC was in force.

Frequently asked questions

Official legal references

• Bharatiya Nyaya Sanhita, 2023 - official India Code PDF
• BPR&D - New criminal laws resources
• NCRB - BNS chapters and sections

Information updated: 31 October 2026. This article provides general legal information and is not a substitute for advice based on the facts of a particular case.