Criminal Trespass Case For Residential Property

If you are dealing with criminal trespass case for a residential property, this guide sets out the legal position, the documents you will need, the usual steps and the mistakes that cost people time. The firm of Advocate B.K. Singh handles this work from offices in Dwarka, New Delhi and Vaishali, Ghaziabad.

In short. Criminal trespass under section 329 of the Bharatiya Nyaya Sanhita is entering, or staying on, property in another person's possession with intent to commit an offence or to intimidate, insult or annoy that person. It is cognizable, so an FIR can be filed at the local police station. It protects possession, not title, so pair it with a civil suit for injunction or possession.

A criminal trespass case is the criminal law's response to someone entering property you possess, or staying there after being told to leave, with a wrongful purpose. It covers the neighbour who breaks a boundary wall and starts building, the relative who forces his way into a house to pressure the family, the group that occupies a vacant plot overnight, and the former employee or caretaker who refuses to leave and threatens the owner. When the property is a dwelling, a place of worship or a place for keeping property, the offence becomes house-trespass and the punishment rises.

Trespass law is often misunderstood. It protects whoever is in possession, which is not always the owner. It needs an intention to commit an offence, or to intimidate, insult or annoy, not just a mistaken entry. And a criminal case punishes the trespasser but does not, by itself, return the land. This page explains the offence, how to file and push a complaint, the faster civil and magistrate remedies that usually work alongside it, how the answer changes for different kinds of property and parties, and how to defend a trespass case filed against you.

Law

BNS section 329 (criminal trespass and house-trespass), sections 330 to 334 (aggravated forms); BNSS sections 164 and 165 (possession disputes likely to cause breach of peace); Specific Relief Act 1963 section 6

Forum

Local police station for FIR; Judicial Magistrate for complaint and trial; Executive Magistrate (SDM) under BNSS section 164; civil court for injunction and possession

Time limit

Complaint within 1 year for criminal trespass and house-trespass (BNSS s.514); civil suit under SRA s.6 within 6 months of dispossession

Documents

Title or possession papers, electricity and tax records, photographs and video of the entry, CCTV footage, PCR call record, earlier complaints, witness details

What criminal trespass means under the BNS

Criminal trespass under section 329 of the Bharatiya Nyaya Sanhita 2023, which replaced section 441 of the IPC, has two forms. The first is entering property in the possession of another with intent to commit an offence or to intimidate, insult or annoy the person in possession. The second is entering lawfully but then remaining there unlawfully with the same intent. The property can be land, a building, a flat, a shop or any immovable property.

Section 329(3) punishes criminal trespass with imprisonment up to three months, or fine up to five thousand rupees, or both. Where the trespass is into a building, tent or vessel used as a dwelling, a place of worship or a place for custody of property, it is house-trespass, punishable under section 329(4) with up to one year, or fine up to five thousand rupees, or both. Both are cognizable and bailable.

The aggravated forms in sections 330 to 334 cover lurking house-trespass, house-breaking, house-trespass at night, house-trespass to commit an offence, and house-trespass after preparing to cause hurt or wrongful restraint. These carry much heavier sentences. If the trespasser came armed, threatened violence or damaged property, the complaint should say so, because the sections invoked decide how seriously the police treat the case.

The law that applies to trespass on property

Possession, not title: who can complain of trespass

Criminal trespass is an offence against possession. The complainant must be the person in possession, or someone acting for him. A tenant in possession can complain of trespass even against the owner. A licensee or caretaker who holds possession for the owner can complain on the owner's behalf. An owner who has let out the property cannot usually complain of trespass by a third party unless he is also in possession of some part.

This leads to a rule that surprises many owners. If someone has been in settled possession of property for a long time, even without title, the owner cannot simply break in and throw him out. Courts have repeatedly held that a person in settled possession can be removed only by due process of law. An owner who forcibly enters may himself face a trespass case. The proper route for the owner is a civil suit for possession on title.

Settled possession means possession that is open, continuous and long enough to be known to the owner, not a stray entry or an overnight occupation. A trespasser who has just entered, or whose occupation is still being resisted, does not get that protection. The first few days after an entry matter, which is why speed is so important in trespass cases.

Trespass or civil dispute: how common situations are treated

Tenants, licensees and co-owners: when trespass usually does not apply

A tenant who stays after the tenancy ends is not usually a criminal trespasser, because the entry was lawful and the dispute is about the right to stay. The landlord's remedy is an eviction suit or a petition before the Rent Controller in Delhi under the Delhi Rent Control Act 1958, or before the Rent Authority under the UP Regulation of Urban Premises Tenancy Act 2021. A landlord who cuts off water or electricity, changes locks or throws out belongings risks a criminal case himself.

A licensee, such as a family member allowed to live in a house, a paying guest or a caretaker, is in a weaker position than a tenant. Once the licence is revoked and a reasonable time has passed, continued occupation can amount to remaining unlawfully. Even so, police often treat these cases as civil. A written revocation of licence, a reasonable notice period and a civil suit if needed are safer than force.

Co-owners have a right to enter jointly owned property, so one co-owner entering is generally not trespass. Disputes among brothers or heirs over a family house belong in a partition suit or an injunction suit. A trespass complaint may still lie where a co-owner forcibly enters a portion in the exclusive possession of another under a family arrangement, with intent to intimidate.

How to file a criminal trespass case

These are the steps we usually follow when a client calls about a fresh trespass.

1. Call the police at once

   Dial 112 while the trespass is happening. The PCR call creates a record of the time and nature of the incident, which is often the best evidence later. Do not use force beyond what is needed to protect yourself.

2. Record the scene

   Take dated photographs and video of the persons, the entry, any lock broken or wall built, and any vehicles. Save CCTV footage the same day, because many systems overwrite within days.

3. File a written complaint at the police station

   Give the SHO a written complaint with your possession documents, the photographs and names of witnesses. Ask for registration of an FIR under section 329 and any aggravated section that applies, and take a receipt.

4. Escalate if no FIR is registered

   Send the complaint to the DCP in Delhi or the SP or Police Commissioner in UP and Haryana under section 173(4) BNSS. Keep proof of dispatch.

5. Approach the magistrate

   If the police still do not act, apply to the Judicial Magistrate under section 175(3) BNSS with an affidavit, or file a complaint under section 223. Where violence is likely, also ask the SDM to act under section 164 BNSS.

6. File the civil case if possession is at risk

   File a suit for injunction, or under section 6 of the Specific Relief Act within six months if you have been dispossessed. Ask for interim orders at the first hearing.

The criminal case and the civil case should tell the same story with the same documents. Contradictions between them are the defence's favourite material.

What the police do with a trespass complaint

Since criminal trespass and house-trespass are cognizable, the police must register an FIR if the complaint discloses the offence. The preliminary enquiry route in section 173(3) BNSS applies only to offences punishable with three to seven years, so it does not apply to simple trespass, though it may apply to some aggravated forms. In practice the beat officer often visits first and reports whether it is a property dispute.

Many police stations in Delhi, Noida, Ghaziabad and Gurugram are reluctant to register trespass FIRs in land disputes and prefer to call both sides. If there is a real risk of violence, they may start preventive proceedings for security to keep the peace, or send a report to the SDM. That can help, because the SDM's order on possession under section 164 BNSS is often quicker than a civil suit.

Once an FIR is registered, the investigating officer records statements, visits the site, collects footage and may seize tools or materials used. Because the offences are bailable, the accused gets bail as of right. A chargesheet is filed before the magistrate and the case is tried as a summons case. The trial is short on paper but adjournments are common.

Using the SDM and section 164 BNSS in land disputes

Section 164 of the Bharatiya Nagarik Suraksha Sanhita, which replaced section 145 of the old CrPC, lets an Executive Magistrate, usually the SDM, step in where a dispute about land is likely to cause a breach of the peace. The magistrate issues a preliminary order calling both parties to state their claims about actual possession, hears evidence and decides who was in possession on the date of the order. A party forcibly and wrongfully dispossessed within two months before the police report or the order can be treated as in possession.

The magistrate does not decide title. The order protects possession until a civil court decides otherwise. In an emergency, the magistrate can attach the property under section 165 and appoint a receiver. These proceedings are often used in rural land disputes in UP and in Delhi's villages, and for vacant plots in growing colonies around Noida and Ghaziabad.

Section 164 proceedings work best when filed quickly after the dispute starts and when the applicant has strong evidence of recent possession: cultivation records, electricity bills, a boundary wall built by him, or neighbours who have seen him on the land. When the dispute has gone on for years, the SDM will often leave the parties to the civil court.

Civil remedies that usually work faster

A criminal case punishes the trespasser but rarely gets you back on the land quickly. For that, the civil court is usually faster. If you are still in possession and someone is threatening to enter, a suit for permanent injunction with an application for an interim injunction under Order 39 Rules 1 and 2 CPC can stop the interference at the first hearing. Our page on stay against dispossession explains the interim stage.

If you have already been dispossessed, a suit under section 6 of the Specific Relief Act within six months restores possession on proof of prior possession and wrongful dispossession, without going into title. After six months, or against the Government, the remedy is a regular suit for possession based on title, with limitation of twelve years. Where the trespasser has built on your land, a suit for mandatory injunction for removal, or an encroachment removal case, is needed.

A violation of an injunction order can be punished under Order 39 Rule 2A CPC, including detention and attachment of property. In practice, a civil injunction backed by a police complaint is the combination that most often keeps a trespasser away.

How the answer changes with the property type

Vacant plots. These are the most common targets, especially in developing colonies around Noida, Greater Noida, Ghaziabad and the outskirts of Delhi. Owners who live elsewhere find a boundary wall or a temporary structure on their plot. Visit periodically, keep the boundary wall and a board in place, pay property tax, and keep photographs with dates.

Houses and flats. Entry into a dwelling is house-trespass, with higher punishment. In group housing societies, the society's security register and CCTV help prove entry. In family disputes over a house, the line between house-trespass and a civil dispute among relatives depends on who was in possession of which part.

Agricultural land. Possession is shown by cultivation and revenue records such as khatauni and khasra girdawari. In UP, possession disputes over agricultural land often go to the revenue courts under the UP Revenue Code 2006, and in Delhi under the Delhi Land Reforms Act 1954, alongside any trespass complaint.

Commercial property, hospitals, hotels and resorts. Trespass often arises from business disputes, such as a partner or former lessee taking over premises. The police may see these as commercial disputes. A quick civil injunction and a clear record of who runs the premises are important.

Government and authority land. Encroachment on DDA, central government or municipal land is handled under the Public Premises (Eviction of Unauthorised Occupants) Act 1971 or municipal law, and private complaints have limited role.

How the answer changes with the parties

A bank or financial institution that has taken possession of a secured asset under section 13(4) of the SARFAESI Act is the person in possession. If the borrower breaks the bank's lock and re-enters, the bank can complain of trespass. The borrower's proper remedy against the possession is an application under section 17 to the Debts Recovery Tribunal within 45 days, explained on our section 17 SARFAESI page, not self-help.

NRI owners are frequent victims, because their property stays empty and caretakers or relatives sometimes occupy it. An NRI can act through a power of attorney holder, who files the complaint and the civil suit. Keep the power of attorney specific enough to cover police complaints and litigation, and keep a local person visiting the property regularly.

Builders sometimes enter flats or common areas after disputes with buyers, for example to cut supply or remove fittings. A buyer in possession can complain of trespass, though the police may treat it as part of the builder dispute. Society management bodies that enter a member's flat without authority face the same risk. A landlord entering a tenant's premises without consent can also be guilty of trespass.

Evidence checklist for a trespass complaint

• Title or possession document: sale deed, lease, allotment letter, rent agreement or family settlement
• Proof of recent possession: electricity and water bills, property tax receipts, society maintenance receipts, cultivation records
• Dated photographs and video of the property before and after the trespass
• CCTV footage saved in its original format, with the device details
• PCR call details and the time of the call
• Names, addresses and phone numbers of witnesses, including neighbours and guards
• Copies of earlier complaints, legal notices and their replies
• Any messages, calls or letters from the trespasser showing intent or threats
• Site plan or demarcation report where boundaries are in dispute
• Certificate under section 63 of the Bharatiya Sakshya Adhiniyam for electronic records

If you are accused of criminal trespass

Trespass complaints are often filed as counter-blasts in property disputes, especially between relatives, neighbours and co-owners. If you have been named, collect documents that show your right to be on the property: title, a family settlement, a tenancy, a licence or proof of long possession. Your defence usually rests on one of three points: you were in possession yourself, you had a lawful right to enter, or there was no intent to commit an offence, intimidate, insult or annoy.

Since criminal trespass and house-trespass are bailable, you are entitled to bail on arrest, and arrest is uncommon. For aggravated forms that are non-bailable, see our page on regular and interim bail. If the FIR is plainly a civil dispute dressed as a crime, the High Court can quash it under section 528 BNSS.

Do not try to fix the problem by going back to the property with friends or by removing the complainant's belongings. That risks a fresh FIR, often with more serious sections. File your own civil suit if your possession is being disturbed, and let the courts decide.

Compounding, settlement and how these cases end

Criminal trespass under section 329(3) and house-trespass under section 329(4) are compoundable by the person in possession of the property, without the court's permission, under section 359 BNSS. Many trespass cases end this way once the trespasser vacates and the parties settle the underlying dispute. Aggravated forms such as house-breaking or trespass with preparation for hurt are generally not compoundable, and settlement then needs a quashing petition in the High Court.

In cases that go to trial, conviction for simple trespass often ends in a fine or a short sentence, and first offenders may get the benefit of probation. The real value of the case is often the pressure it puts on the trespasser to stop, and the record it creates of the dispute. Do not compound the case until the trespasser has actually vacated and, where needed, a civil decree or written settlement protects you against a repeat.

Mistakes to avoid and what to do this week

The most common mistakes in trespass matters are waiting too long, using force to remove the trespasser, filing only a criminal case and expecting the police to restore possession, and filing a trespass complaint against a tenant or co-owner where the law does not support it. In trespass matters that reach Advocate B.K. Singh's office, the weak point is usually the lack of proof of possession just before the entry: the client has a title deed but nothing to show he was actually using the property.

This week, call the police and record the call, save photographs and CCTV, file a written complaint, and get a civil suit ready if you have been dispossessed or the trespasser has started building. For possession disputes that have already turned forcible, see our page on forcible dispossession complaints, and for a quick police complaint in a simpler case, the trespass complaint page. If you want the papers checked before you act, the team of Advocate B.K. Singh at Legals365 can review them and tell you the next step through the talk to a lawyer page.

Residential property: what changes

Residential property covers houses, builder floors, flats in group housing societies and apartments in developer projects. It is the property people care about most, and the law gives it more protection than commercial premises: consumer remedies against builders, rent control for old tenancies, special rules for senior citizens and family members. It also carries more family disputes than any other kind of asset.

The documents depend on the type. For an independent house or builder floor in Delhi, ask for the chain of sale deeds or the conveyance deed from DDA, the sanctioned building plan, the completion certificate, mutation in MCD records, the latest property tax receipt and electricity and water bills. For a flat in a cooperative group housing society, ownership runs through membership: the share certificate, the society's NOC and the Registrar of Cooperative Societies' approval of the transfer matter as much as the deed. For a flat in a developer project in Noida, Greater Noida or Gurugram, check the RERA registration, the builder-buyer agreement, the occupancy certificate, the tripartite sub-lease or conveyance deed, and whether the builder has paid the land dues to the authority, since unpaid dues have held up registration for thousands of buyers.

Stamp duty is charged on the higher of the price and the circle rate. Delhi charges women buyers a lower rate, and joint purchases fall in between; Uttar Pradesh and Haryana have their own concessions. Registration is at the sub-registrar office for the area, with both parties and two witnesses present. After registration, mutation in the municipal or authority record should be applied for, since it governs property tax and later dealings, even though mutation is not proof of title.

Disputes tend to fall into a few groups. Against builders: delayed possession, reduced area, poor construction and missing amenities, which go to the RERA authority or the consumer commission at the buyer's choice. Between landlord and tenant: old tenancies with rent up to ₹3,500 a month in Delhi are governed by the Delhi Rent Control Act 1958, where eviction for the landlord's bona fide need under section 14(1)(e) is the usual route; newer tenancies are contractual and go to the civil court or the rent authority under any new tenancy law the state has adopted. Within families: partition, wills and succession, and disputes over who may live in the house. Senior citizens can approach the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, which in appropriate cases has ordered children to vacate a parent's house. A wife's right to reside in the shared household under the Domestic Violence Act 2005 can also affect who stays in a property.

A few habits prevent most problems. Never buy on a GPA and agreement to sell alone. Insist on the occupancy or completion certificate. Keep original documents safe and certified copies handy. And put family arrangements about a house in writing, ideally a registered partition or family settlement, before a death or a marriage breakdown turns them into litigation.

Frequently asked questions

What is criminal trespass under BNS?

Criminal trespass under section 329 of the BNS is entering property in another person's possession, or staying there unlawfully after a lawful entry, with intent to commit an offence or to intimidate, insult or annoy the person in possession. It replaced section 441 of the IPC. Entry into a dwelling is house-trespass.

What is the punishment for criminal trespass?

Criminal trespass carries up to three months, or fine up to five thousand rupees, or both. House-trespass carries up to one year, or fine up to five thousand rupees, or both. Aggravated forms such as house-breaking or trespass to commit an offence carry much higher punishment.

Is criminal trespass cognizable and bailable?

Yes. Criminal trespass and house-trespass under section 329 are cognizable, so the police can register an FIR, and bailable, so the accused gets bail as of right. Some aggravated forms are non-bailable.

Can an owner file a trespass case against a tenant?

Usually not. A tenant who stays after the tenancy ends entered lawfully, and the landlord's remedy is an eviction suit or a rent control petition. A landlord who forcibly enters the tenant's premises can himself face a trespass case.

Can I remove a trespasser from my land myself?

You can use reasonable force to prevent a fresh trespass under the right of private defence of property. You cannot forcibly remove a person who is in settled possession; that needs a court order. Call the police and file a civil suit rather than using force.

What if the police refuse to register a trespass FIR?

Send the written complaint to the DCP or SP under section 173(4) BNSS and keep proof. If that fails, apply to the Judicial Magistrate under section 175(3) BNSS with an affidavit, or file a complaint under section 223. In land disputes, also consider moving the SDM under section 164 BNSS.

What is the time limit for a criminal trespass complaint?

Under section 514 BNSS, a court cannot take cognizance of an offence punishable up to one year after one year from the offence. That covers criminal trespass and house-trespass. File immediately, both for limitation and for credibility.

Can a co-owner be guilty of trespass?

Generally not, because every co-owner has a right to enter jointly owned property. Disputes among co-owners go to a partition or injunction suit. A trespass case may still lie where a co-owner forcibly enters a portion in another's exclusive possession with intent to intimidate.

Does a trespass case give me my property back?

Not directly. The criminal case punishes the trespasser. To get possession back, file a suit under section 6 of the Specific Relief Act within six months of dispossession, or a regular possession suit on title.

What is section 164 BNSS in land disputes?

Section 164 BNSS, which replaced section 145 CrPC, lets the Executive Magistrate decide who is in actual possession where a land dispute is likely to cause a breach of the peace. It protects possession until a civil court decides title. It does not decide ownership.

Can a bank file a trespass case against a borrower?

Yes, if the bank has taken possession under section 13(4) of the SARFAESI Act and the borrower re-enters. The borrower's remedy against the bank's possession is an application under section 17 to the DRT, not breaking the lock.

Can a criminal trespass case be settled?

Yes. Criminal trespass and house-trespass are compoundable by the person in possession without the court's permission. Aggravated forms generally are not, and need a quashing petition in the High Court if settled.

Should I go to RERA or the consumer commission against my builder?

You can choose either, as the Supreme Court held in Newtech Promoters v State of UP (2021), but not both for the same relief. RERA is often quicker for refund or delay interest under section 18; the consumer commission can also award compensation for deficiency in service. The choice depends on the amount, the relief you want and how far the project has progressed.

Can my son be evicted from my house if he harasses me?

In many cases, yes. The Maintenance Tribunal under the Senior Citizens Act 2007 has power to protect a parent's property and life, and courts have upheld eviction orders against children in suitable cases. The parent's ownership of the house and evidence of ill-treatment are the key facts.