What is the punishment under BNS Section 329?

The punishment for this specific offense is outlined under the new law as: Imprisonment up to One Year(s) + Fine.

Is BNS Section 329 bailable or non-bailable?

Under the new legal framework, this specific offense is classified as a Bailable offense.

Is BNS Section 329 a cognizable offense?

The legal status regarding police arrest without a warrant is that this offense is Non-cognizable.

Which court has the jurisdiction to try cases under BNS Section 329?

Cases pertaining to this specific BNS section are triable by the Any Magistrate.

Can BNS Section 329 be compromised (Compoundable)?

The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).

BNS Section 329- Criminal trespass and house-trespass | Bharatiya Nyaya Sanhita 2023

Hello readers! Today, we are going to break down Section 329 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.

Bare Act Text

Criminal trespass and house-trespass.—(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. 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. 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. 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.

Procedural Details

Punishment

Imprisonment up to One Year(s) + Fine

Nature of Offense

Non-cognizable

Bail Eligibility

Bailable

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

Any Magistrate

Frequently Asked Questions about BNS Section 329

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.