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Section 442 - House trespass | Indian Penal Code, 1860 vs The Bharatiya Nyaya Sanhita, 2023 | LawFinder

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Indian Penal Code, 1860 Section 442The Bharatiya Nyaya Sanhita, 2023 Section 329

Indian Penal Code, 1860

Section 442

House trespass

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Indian Penal Code, 1860

442. House 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.

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The Bharatiya Nyaya Sanhita, 2023

Section 329

Criminal trespass and house-trespass

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The Bharatiya Nyaya Sanhita, 2023 Of criminal trespass

329. 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.

(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.

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