IPC 444 vs BNS 444
● Retained in BNSIllegal trespass
Section 444 of the Indian Penal Code, 1860, deals with illegal trespass, which occurs when a person enters or remains on property without permission, with or without criminal intent, and refuses to leave when required. This provision protects property rights and ensures respect for lawful occupancy.
Key points:
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Applies when a person remains on property without consent or lawful justification.
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Punishment: Imprisonment up to 1 month, or fine, or both.
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Safeguards private, commercial, and public properties from unauthorized occupation.
For example, if someone enters a shop without permission and refuses to leave when asked, it constitutes illegal trespass under IPC 444. This section ensures legal remedies for property owners and occupiers to maintain control over their premises.
Illegal trespass
Section 444 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 444, punishing acts where a person enters or remains on property without authorization and refuses to leave. It maintains continuity with IPC, ensuring protection of lawful occupancy and property rights.
Key points:
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Covers unauthorized entry or occupation of property.
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Punishment: Imprisonment up to 1 month, or fine, or both, same as IPC.
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Ensures accountability for disregard of property rights and lawful authority.
For instance, entering an office building or residential premises without consent and refusing to leave falls under BNS 444. This provision aligns with IPC 444 to protect property owners and occupants from unauthorized presence.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 444 to BNS BNS 444.