IPC 446 vs BNS 446
● Retained in BNSPunishment for criminal trespass
Section 446 of the Indian Penal Code, 1860, prescribes the punishment for criminal trespass, which occurs when a person enters or remains on someone’s property unlawfully with intent to commit an offence or intimidate, insult, or annoy the owner/occupant. This section emphasizes legal consequences for violating property rights.
Key points:
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Applies when a person commits criminal trespass on property.
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Punishment: Imprisonment up to 3 months, or fine, or both.
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Protects residential, commercial, and public property from unauthorized entry.
For example, if someone unlawfully enters a neighbor’s home intending to harass or steal, they can be punished under IPC 446. This provision ensures that property owners and lawful occupants have legal remedies against unlawful intrusion.
Punishment for criminal trespass
Section 446 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 446, punishing acts of criminal trespass where unauthorized entry occurs with intent to commit an offence or harass the occupant. It maintains continuity in protecting property rights and personal security.
Key points:
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Covers criminal trespass into residential, commercial, or public properties.
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Punishment: Imprisonment up to 3 months, or fine, or both, same as IPC.
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Ensures accountability for violating property rights and disturbing lawful occupancy.
For instance, entering a shop or private residence without consent to intimidate or steal falls under BNS 446. This provision aligns with IPC 446 to protect property owners and occupants from unlawful intrusion.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 446 to BNS BNS 446.