TRESPASS: If someone enters someone else’s property with the purpose of committing a crime or to scare, insult, or bother the person who owns or is in control of that property, OR Unlawful entry or remaining in another's property with criminal intent to commit an offence or cause harm, annoyance, or intimidation.

Punishment: Under Bharatiya Nyay Sanhita, 2023

• Criminal trespass (Section 329(1) BNS): Criminal trespass involves unlawfully entering or remaining on property with intent to commit an offence or to intimidate, insult, or annoy.

Punishment: Punishment for criminal trespass includes up to 3 months imprisonment, up to INR 5,000 fine, or both.

•  Criminal trespass in House Section 329(2) BNS): House-trespass is a type of criminal trespass involving entry into buildings, tents, or vessels used for dwelling, worship, or storage.

Punishment (Section 329 (2), BNS): Imprisonment up to 1 year, fine up to INR 5000, or both.

•  Lurking house Trespass  {Section 331 (1), BNS}: Trespassing into a dwelling house or place of worship; concealing presence during house trespass without permission. Punishable up to 2 years of imprisonment or with fine.

• House-breaking {Section 331(1), BNS}: Forceful entry into a dwelling house; includes breaking locks, using criminal force, or entering through non-ordinary means or any passage. Punishable up to 2 years of imprisonment or with fine.

• Lurking House-Trespass by Night {Section 331(2), BNS): IIf someone commits house lurking trespass after sunset or at night. Punishable by imprisonment up to 2 years and fine.

• Lurking house-trespass or house breaking to commit any offence {Section 331(3) BNS} : It would be Punishable by imprisonment of 3 years, or if offence intended to theft would be punishable up to 10 years.

• Lurking house-trespass or house-breaking at night for an offence {Section 331(4) BNS}:  It would be Punishable by imprisonment of 5 years, or if offence intended to theft would be punishable up to 14 years.

• Causing grievous hurt or kill during house-breaking or lurking {Section 331(7) BNS}: Causing grievous hurt or attempting to kill during lurking house-trespass or house-breaking punishable by life imprisonment or up to 10 years imprisonment.

• Causing grievous hurt or attempt to kill at night {Section 331(8) BNS} : Causing or attempting to cause death or grievous hurt at night during house-breaking punishable by life imprisonment or up to 10 years imprisonment.

• House-trespass in order to commit offence {Section 332 } BNS: House-trespass for offences punishable with death or life imprisonment carries severe penalties, including life imprisonment or rigorous imprisonment.

• House-trespass after preparation for hurt, assault or wrongful restraint {Section 333} BNS : House-trespass with preparation to cause harm, assault, or wrongful restraint punishable by up to 7 years imprisonment and a fine.

• Dishonestly breaking open receptacle containing property {Section 334} BNS:  Dishonestly breaking or unfastening a receptacle believed to contain property punishable by up to 2 years imprisonment or a fine.

Breaking or unfastening a receptacle entrusted to someone, with dishonest intent, punishable by up to 3 years imprisonment or a fine.

HERE’S THE ACTIONS  YOU TAKE AFTER TRESPASS: 

• Inform The police : Call 100

• Immediate Action: Try to stop the trespasser from entering or continuing on your property.

• Right to Protection: Sections 40 and 41 BNS allow causing grievous hurt or death to protect property, but only when necessary and justified.

• Private Defence: Using force to protect property may not be punishable if it’s justified under private defence.

• Injunction: A court order to restrain someone from starting or continuing an action related to property.

• Permanent Injunction: Final court order permanently restraining a defendant from doing a specific act.

• Temporary Injunction: Court order to prevent further actions on property temporarily Damages: Compensation awarded for loss due to trespass or encroachment, including both physical and mental harm.