IPC 442 vs BNS 442
● Retained in BNSHouse-trespass
Section 442 of the Indian Penal Code, 1860, deals with house-trespass, which occurs when a person enters someone’s house or any building used as a dwelling or for custody of property with intent to commit an offence, intimidate, or annoy. This provision specifically protects residential spaces and places where people have a reasonable expectation of privacy.
Key points:
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Applies when a person enters a house or building without permission with criminal intent.
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Punishment: Imprisonment up to 1 year, or fine, or both.
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Safeguards homes, private residences, and other protected buildings from unauthorized entry.
For example, if someone enters a neighbor’s home intending to steal, vandalize, or intimidate, it constitutes house-trespass under IPC 442. This provision strengthens the protection of personal privacy and property, serving as a deterrent against intrusion into private spaces.
House-trespass
Section 442 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 442, punishing acts of unauthorized entry into houses or protected buildings with criminal intent. The law ensures consistency in protecting personal spaces and property rights.
Key points:
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Covers entry into residential or protected buildings with intent to commit an offence.
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Punishment: Imprisonment up to 1 year, or fine, or both, same as IPC.
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Emphasizes legal accountability for intrusion into homes or private spaces.
For instance, entering a friend’s house or a neighbor’s residence without consent to intimidate, steal, or harass falls under BNS 442. This provision aligns with IPC 442 to ensure the protection of personal privacy and property.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 442 to BNS BNS 442.