House-trespass
Section 442 of the Indian Penal Code, 1860 deals with 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". The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 442, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 329 Criminal trespass and house-trespass Text carried over almost unchanged 88%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mohd Khaja Nazeeruddin vs The State of Telangana
Court's Decision & Legal Precedent
When a complaint alleging cognizable offences is filed with police, the police have a mandatory duty to register a case following the procedure under Section 154 CrPC and in accordance with guidelines laid down by the Supreme Court. Once such registration is effected, the petitioner's grievance of police inaction stands redressed, and the court should direct the police to proceed with investigation strictly in accordance with law and file appropriate charge sheet or final report expeditiously.
On this section: Offences of criminal intimidation and criminal force used to dispossess property, applied to the alleged conduct of respondents 4-11 in forcibly taking possession of petitioner's land
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 442
What have the courts held on Section 442 of the Indian Penal Code?
Mohd Khaja Nazeeruddin vs The State of Telangana (12 Feb 2024) is the leading judgment on this section among those set out below: Offences of criminal intimidation and criminal force used to dispossess property, applied to the alleged conduct of respondents 4-11 in forcibly taking possession of petitioner's land.
How do I find court cases under Section 442 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 442, section 442 IPC, section 442 of the Indian Penal Code. People searching for it also type ipc 442 in bns and ipc 442 punishment in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Mohd Khaja Nazeeruddin vs The State of Telangana (12 Feb 2024).
What should I read with Section 442 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 329 (Criminal trespass and house-trespass), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 442 of the Indian Penal Code come into force?
Section 442 of the Indian Penal Code, cited as IPC 442, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.