IPC 442 → BNS 329(2): House Trespass Def

Quick Summary: IPC 442 vs BNS 329(2)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 442 (House Trespass Def) is one of the IPC's offences against property — theft, extortion, robbery, dacoity, criminal breach of trust, cheating, mischief and criminal trespass. The BNS keeps this structure and adds a distinct provision for snatching, renumbering house trespass def as BNS 329(2).

What did IPC 442 cover?

IPC 442 dealt with house trespass def — definition of house trespass. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 329(2): What changed in the new law?

Consolidated definition. From 1 July 2024, new complaints relating to house trespass def are filed under BNS Section 329(2), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 329(2)

N/A - Definition

Practical implications for advocates, police & citizens

• Advocates: For house trespass def, the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 329(2) mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new house trespass def FIR cites BNS 329(2).
• Law students & citizens: With house trespass def, value, the manner of taking and any force used determine which property offence applies and how serious it is.