Indian Penal Code, 1860 · Chapter XVII: Of Offences against Property · Of criminal trespass
Section 442: House-trespass
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 442
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Sonu Choudary v. State of NCT Delhi
Issue arose as to whether the conviction of the appellant u/ss.324 and 452 IPC is sustainable; and whether a restaurant can be said to be a place used for dwelling or for worship or for the custody of property for…
- Sri Suresh Kumar Goyal and Others v. State of Uttar Pradesh and Another