If you are dealing with trespass complaint 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. A trespass complaint is a written complaint to the police, and if they do not act, to the magistrate, that someone has entered or stayed on property in your possession to intimidate, annoy or commit an offence. Criminal trespass and house-trespass under section 329 of the BNS are cognizable, so the SHO must register an FIR. Pair it with a civil suit to protect or recover possession.
Someone has broken the lock on your plot, put up a boundary wall on your land, moved into a vacant flat, or keeps walking into your shop to threaten your staff. The first instinct is to call the police, and that is usually right. But the police will only act firmly if the complaint is clear about who was in possession, what was done, when, and what proof exists. A vague complaint that reads like a title dispute is the one that gets marked as a civil matter and filed away.
This page explains how to make a trespass complaint that works: what the law says, whom to complain to, what to write, what evidence to attach, what to do if the police refuse, and which civil remedies run alongside. It also explains how the answer changes for a flat, a plot, agricultural land or commercial premises, and for owners such as banks, companies and NRIs. The more detailed law on the offence and the trial is on our page on the criminal trespass case.
- Law
- Section 329 of the Bharatiya Nyaya Sanhita 2023 (criminal trespass and house-trespass), sections 330 to 334 for aggravated forms; BNSS sections 173, 175(3), 223 and 164; Specific Relief Act 1963 sections 6, 38 and 39 for civil relief.
- Forum
- The police station with jurisdiction over the property, then the DCP or SP, then the Judicial Magistrate in the district court complex. Civil suits go to the civil court where the property is situated; possession disputes threatening the peace can go to the Executive Magistrate.
- Time limit
- Complain at once. The magistrate cannot take cognizance of criminal trespass or house-trespass after one year (BNSS section 514), though a continuing occupation may be treated as a continuing offence. A section 6 Specific Relief Act suit must be filed within 6 months of dispossession.
- Documents
- Title or possession papers, recent photographs and video, CCTV footage, electricity and tax bills, names of witnesses, earlier complaints and receipts, a site sketch.
- Punishment
- Criminal trespass: up to 3 months, or fine up to five thousand rupees, or both. House-trespass: up to 1 year, or fine up to five thousand rupees, or both. Higher where the trespass is to commit a serious offence.
What counts as trespass for a complaint
Criminal trespass under section 329 of the BNS is entering property in another person's possession with intent to commit an offence, or to intimidate, insult or annoy the person in possession, or entering lawfully and then staying on unlawfully with that intent. Where the property is a building, tent or vessel used as a dwelling, a place of worship or a place for keeping property, it becomes house-trespass, which is punished more severely.
Two words in that definition decide most complaints. The first is possession: the law protects the person actually in possession, not necessarily the person with the better title. The second is intent: an honest boundary mistake or a contractual dispute is not trespass, but breaking a lock, threatening the occupant or occupying a vacant property to force a sale or a settlement usually is.
Civil trespass is wider. Any unauthorised entry onto land in another's possession is a civil wrong, even without criminal intent, and the remedy is an injunction, damages or recovery of possession in the civil court. A good trespass complaint keeps both tracks in mind from the first day.
The provisions a trespass complaint relies on
Section 329, Bharatiya Nyaya Sanhita 2023
Defines criminal trespass and house-trespass. Section 329(3) punishes criminal trespass with up to three months, or fine up to five thousand rupees, or both; section 329(4) punishes house-trespass with up to one year, or fine up to five thousand rupees, or both. Both are cognizable and bailable, and compoundable by the person in possession under section 359 BNSS.
Sections 330 to 334, BNS
Cover lurking house-trespass, house-breaking, house-trespass at night and house-trespass to commit an offence or after preparing to cause hurt. These carry longer sentences and are used where the entry was forcible, at night or linked to theft or violence.
Other BNS offences that often go with it
Mischief (section 324) for damage to locks, walls or crops; wrongful restraint (section 126) for blocking access; criminal intimidation (section 351); and, where papers have been faked to claim the property, cheating (section 318) and forgery (sections 336 to 340).
Sections 173, 175(3) and 223, BNSS
Section 173 requires the officer in charge to record information about a cognizable offence, including by e-FIR. If the officer refuses, section 173(4) lets you send it to the SP or DCP. Section 175(3) lets the magistrate order investigation on an application supported by affidavit, and section 223 allows a private complaint to the magistrate.
Sections 126 and 164, BNSS
Section 126 lets an Executive Magistrate require security for keeping the peace. Section 164 lets the Executive Magistrate, where a dispute about land is likely to cause a breach of the peace, decide who was in actual possession and protect that possession until a civil court decides title.
Sections 6, 38 and 39, Specific Relief Act 1963
Section 6 gives a person dispossessed without consent and otherwise than by due process a quick suit to recover possession within 6 months, without going into title. Sections 38 and 39 provide permanent and mandatory injunctions, and Order 39 rules 1 and 2 CPC provide temporary injunctions while the suit is pending.
Is it trespass? How common situations are usually treated
| Situation | Usually trespass? | Better first step |
|---|---|---|
| Stranger breaks the lock and occupies a vacant plot or flat | Yes, criminal trespass or house-trespass | Police complaint or 112 call at once, then a civil suit for possession or injunction |
| Neighbour builds a wall a few feet into your plot | Sometimes; often treated as a boundary dispute | Demarcation, complaint if there is force or threat, suit for mandatory injunction |
| Tenant stays after the lease ends | Usually no; a tenant holding over is not a trespasser in the criminal sense | Notice of termination and eviction proceedings |
| Co-owner or family member moves into the shared house | Usually no, unless with intent to intimidate or exclude by force | Partition or injunction suit |
| Former employee or caretaker refuses to leave quarters | Sometimes, depending on the licence and conduct | Notice revoking licence, complaint if there is force, civil suit |
| Builder or society staff enter your flat or seal it | Sometimes, if without authority | Written objection, police complaint, civil or consumer remedy |
| Bank takes possession under SARFAESI | No, if done under section 13(4) with due process | Application to the DRT under section 17 within 45 days |
Possession is what you have to show
The police and the courts start with a single question: who was in possession just before the incident? If you were, the other side's claim of better title does not justify forcible entry; the remedy for title is a civil suit, not a lock-breaker. If you were thrown out of a property you were occupying, the complaint is really one of forcible dispossession, and the 6-month and two-month time windows become critical. If you were not in possession at all, a trespass complaint will usually fail, and you need a possession suit instead.
Possession is proved by everyday things: your lock and keys, your belongings inside, electricity and water bills, property tax receipts, a caretaker or guard, regular visits, photographs with dates, neighbours who have seen you there, and for agricultural land, the khasra girdawari entries showing who cultivated it. A registered sale deed proves title and is useful, but on its own it does not prove you were in possession last month.
An owner of a vacant plot is in possession through the title and periodic visits, so long as nobody else has settled there openly for a long time. That is why owners of vacant plots in Noida, Greater Noida and the outer areas of Delhi should visit regularly, keep the boundary wall and gate in repair, and take dated photographs. A boundary wall is often the single best evidence of possession.
How to file a trespass complaint, step by step
Speed matters. A complaint made on the same day, with photographs, is far stronger than one made months later.
Secure the scene and record it
If the trespass is happening now, call 112 and ask for a PCR van. Take photographs and video of the people, vehicles, broken locks and any construction, without confronting anyone. Note the time and names of witnesses.
Write the complaint
Address it to the SHO of the police station with jurisdiction. State who you are, your title and possession, the exact address and boundaries, what happened, when, who did it, what was said, and what damage was done. Ask for an FIR under section 329 BNS and any other offences.
Lodge it and get a receipt
Hand it over at the police station and get a stamped receipt or a diary number, or file an e-FIR where the state allows and sign it within three days. If an FIR is registered, take the free copy section 173(2) entitles you to.
Escalate if the SHO refuses
Send the complaint by registered post or speed post to the DCP or SP of the district under section 173(4), with the earlier receipt. In Delhi, Noida, Ghaziabad and Gurugram, all under commissionerates, this means the DCP of the zone.
Approach the magistrate
If the police still do not act, file an application under section 175(3) BNSS before the Judicial Magistrate, supported by an affidavit, attaching the complaint and the section 173(4) letter. You can also file a private complaint under section 223.
Start the civil case without waiting
File a suit for injunction, a section 6 suit or a possession suit in the civil court, with an application for a temporary injunction. The criminal case punishes; the civil case gets the property back or keeps it safe.
What to write, and what to leave out
A trespass complaint should read like a short factual statement, not a legal argument. Start with your possession and how long you have had it, then the incident in date and time order, then what you want the police to do. Give the property's full address, khasra or plot number and boundaries, so the beat officer can find it. Name the accused if you know them; describe them if you do not.
Leave out the long family history of who bought what from whom in 1987. That kind of detail turns a trespass complaint into a title dispute, and the police will tell you to go to the civil court. Keep the title history to a line and attach the papers. Avoid exaggeration too: if the other side only shouted, do not write that they attacked you, because the first inconsistency will damage everything else.
When Advocate B.K. Singh reviews a trespass complaint before it is filed, the first thing he checks is whether the opening paragraph makes possession plain to a reader who knows nothing about the family or the deal. If it does not, he rewrites it, because that paragraph decides whether the SHO treats it as a crime or a civil quarrel.
Evidence checklist for a trespass complaint
- Copy of the sale deed, allotment, lease, conveyance deed or other title document
- Proof of recent possession: electricity, water and property tax bills, society maintenance receipts
- Dated photographs and video of the property before and after the incident
- CCTV footage, with the recording device preserved and a certificate under section 63 of the Bharatiya Sakshya Adhiniyam
- Names, addresses and phone numbers of witnesses such as neighbours, guards or the caretaker
- Earlier complaints, PCR call records and police receipts
- Site sketch showing boundaries, the point of entry and any new construction
- For agricultural land, the khatauni or jamabandi and khasra girdawari entries
- Any messages, calls or letters from the trespasser demanding money or making claims
If the police say it is a civil matter
Police often refuse to act in property cases because many complaints are really title or contract disputes in disguise. If yours is genuine trespass, with force, threats or a break-in against your possession, the SHO is bound to register an FIR because the offence is cognizable. Ask the officer to put the refusal in writing, then send the complaint to the DCP under section 173(4).
If the DCP does not act, the magistrate route under section 175(3) is the next step. The magistrate will look at your complaint, your affidavit, the section 173(4) letter and, if needed, a report from the police. Where it is satisfied that a cognizable offence is disclosed, it can direct registration and investigation. The process takes a few weeks to a few months depending on the court.
In parallel, the police can act to prevent a breach of the peace even before the case is decided. They can take preventive action, report to the Executive Magistrate for security proceedings under section 126 BNSS, and in a heated land dispute, move the Executive Magistrate under section 164. Our page on filing an FIR and police complaints explains the escalation route in more detail.
The SDM and section 164 BNSS in land disputes
Where a dispute over land, a building or its boundaries is likely to cause a breach of the peace, the Executive Magistrate can act under section 164 BNSS, the successor to section 145 of the old CrPC. In Delhi this power is used by the SDM; in UP, by the SDM or City Magistrate. The magistrate calls both sides, looks at who was in actual possession on the date of the order, and protects that possession until a civil court decides otherwise.
Section 164 also treats a person forcibly and wrongfully dispossessed within two months before the report as being in possession, which helps an owner who acts quickly. The magistrate can attach the property and appoint a receiver if it cannot decide who was in possession. These proceedings are quick but limited: they decide possession for the time being, not ownership, and they do not replace a civil suit.
Civil remedies that run with the complaint
A trespass complaint punishes the trespasser but rarely gets the property back on its own. The civil court does that. If you are still in possession and fear interference, file a suit for permanent injunction with an application for a temporary injunction under Order 39 rules 1 and 2 CPC. If the trespasser has put up a structure, add a prayer for a mandatory injunction under section 39 of the Specific Relief Act to have it removed.
If you have been dispossessed, a suit under section 6 of the Specific Relief Act must be filed within 6 months; the court only asks whether you were in possession and were dispossessed without consent and otherwise than by due process. After 6 months, or where title is disputed, the remedy is a suit for possession on title, which has a 12-year limitation. You can also claim mesne profits for the period of wrongful occupation.
Where the trespasser is building fast, ask the civil court for an ex parte interim order on the first date, with photographs showing the work. Courts in Tis Hazari, Saket, Karkardooma, Dwarka and Rohini, the Gautam Buddh Nagar court at Surajpur and the Ghaziabad district court regularly hear such applications. Our page on stay against dispossession covers the interim relief.
Where the problem is a slow creep rather than a single break-in, such as a neighbour extending a shed, a ramp or a boundary wall a little at a time, the civil route is usually the main one and the police complaint supports it. Our page on encroachment removal explains how courts deal with gradual encroachments, demarcation reports and removal orders.
Can you remove the trespasser yourself?
An owner in settled possession may use reasonable force to resist or immediately remove a trespasser, under the right of private defence of property in sections 34 to 44 of the BNS. The key words are settled possession and reasonable force. If the trespasser has already been in occupation for some time and is now in settled possession, removing them by force can expose you to a criminal case for trespass or worse.
In practice, self-help is risky. A fight over a plot can turn a strong civil case into a cross-FIR with both sides charged. The safer course is to call the police, record everything and go to court the same week. If someone has occupied your property, do not cut the electricity or water as a pressure tactic without legal advice; it can be treated as harassment and weaken your position.
How the answer changes with the property type
For a flat in a group housing society or a builder floor, trespass usually means someone breaking in while the flat is vacant, or a neighbour taking over a common terrace, staircase or parking space. Entry into a dwelling is house-trespass, which carries the higher punishment. Disputes over common areas may also involve the society or AOA, and the remedy against them may lie in the civil court or before the Registrar of Cooperative Societies.
For a vacant plot, the main risk is overnight occupation or construction, and speed is everything; the section 164 two-month rule and the 6-month limit for a section 6 suit both reward fast action. For agricultural land, the revenue records and the cultivation entries matter more than anything else, and disputes may go to the revenue court under the UP Revenue Code 2006 or the Delhi land laws. For shops, godowns, warehouses and industrial sheds, check whether the person is a former tenant, licensee or employee, because that changes the remedy from trespass to eviction or recovery of possession.
How the answer changes with the complainant
A bank or NBFC that has taken possession of a secured asset under section 13(4) of the SARFAESI Act is in possession and can complain if the borrower or anyone else breaks back in. A borrower who disputes the bank's possession must go to the DRT under section 17 within 45 days, not re-enter. A company, LLP or startup complains through an authorised officer with a board resolution or letter of authority, and should keep its security guard's register and CCTV records ready.
An NRI owner can lodge a complaint through a relative or caretaker holding a power of attorney, and by email to the DCP, but the police will usually want to record the owner's statement too, which can be done by video in many cases. A builder whose unsold units or site are being occupied complains like any other owner, but the police will check that the occupants are not allottees in a dispute about possession. Senior citizens and women living alone can also ask for priority attention at the police station.
A made-up example: an overnight wall on a Greater Noida plot
Here's a made-up example. Anil owns a residential plot in a Greater Noida sector, allotted by the authority and transferred to him by a registered deed. He visits every month and has a boundary wall with a locked gate. One Sunday morning a neighbour calls to say that a group has broken the lock, removed the gate and started a new wall inside the plot.
Anil calls 112 and asks a relative to take video. He reaches the plot by noon, gives a written complaint to the SHO with copies of his deed, the authority's possession letter, a recent electricity bill and last month's dated photographs. The SHO registers an FIR under section 329 and section 324 of the BNS. The next day Anil files a suit for permanent and mandatory injunction in the civil court at Surajpur, with an application for an ex parte interim order and the video on a pen drive with a section 63 certificate.
The court restrains further construction and orders status quo. The FIR proceeds separately. A few months later, the other side offers to remove the wall and pay for the gate in exchange for withdrawal of the criminal case, which Anil compounds after the wall is gone.
Mistakes to avoid in a trespass complaint
- Waiting. Delay lets the trespasser claim settled possession and lets the 6-month window for a section 6 suit run out.
- Turning it into a title story. Keep the complaint about possession and the incident, and attach the title papers rather than narrating them.
- Using force. Self-help can produce a cross-FIR and weaken your civil case.
- Not keeping receipts. Without a diary number or postal proof, you cannot show the magistrate that you went to the police and the DCP.
- Relying only on the FIR. The criminal case does not restore possession; file the civil suit too.
- Calling a tenant or co-owner a trespasser. Police and courts see through it, and it can lead to a counter-complaint.
What to do this week
If the trespass has just happened, call 112, record everything and give a written complaint to the SHO today, keeping a receipt. Within a few days, send the same complaint to the DCP if no FIR is registered, and get your civil suit ready with the title papers, possession proof and photographs. If the dispute is with a neighbour about the line of a wall, consider a boundary dispute case with a demarcation instead.
In trespass matters that reach Advocate B.K. Singh's office, the weak point is usually the gap between the incident and the first written complaint; a same-day complaint with photographs changes how both the police and the court see the case. 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: talk to a lawyer.
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
How do I file a trespass complaint with the police?
Give a written complaint to the SHO of the police station where the property is, describing your possession, the incident, the date and the people involved, and ask for an FIR under section 329 BNS. Attach title and possession papers and photographs, and get a receipt. If the SHO refuses, send it to the DCP or SP under section 173(4) BNSS.
Is trespass a cognizable offence?
Yes. Criminal trespass and house-trespass under section 329 BNS are cognizable and bailable, so the police must register an FIR when a complaint discloses the offence. Aggravated forms under sections 330 to 334 carry heavier punishment.
What is the punishment for trespass in India?
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. Trespass to commit a serious offence, or at night after preparation, carries much longer sentences.
What if the police refuse to file my trespass complaint?
Ask for the refusal in writing, then send the complaint by post to the DCP or SP under section 173(4) BNSS. If that fails, apply to the Judicial Magistrate under section 175(3) with an affidavit, or file a private complaint under section 223.
Is there a time limit to file a trespass complaint?
The magistrate generally cannot take cognizance of criminal trespass or house-trespass after one year, though a continuing occupation may be a continuing offence. In practice, complain the same day. A civil suit under section 6 of the Specific Relief Act must be filed within 6 months of dispossession.
Can I file a trespass complaint against my tenant?
Usually not. A tenant who stays after the lease ends is not a criminal trespasser simply by staying; you need a notice of termination and eviction proceedings. If the tenant breaks into another part of the property or uses force, a complaint may lie for that act.
Can a co-owner be guilty of trespass?
Rarely. Each co-owner has a right to possession of the whole, so a co-owner's entry is not trespass unless it is done with intent to intimidate or to exclude the others by force. Disputes between co-owners normally go to a partition or injunction suit.
Does a trespass FIR get my property back?
Not by itself. The criminal case can punish the trespasser, and the police may help keep the peace, but recovery of possession comes from a civil suit or, in a heated land dispute, an order under section 164 BNSS. File both.
Can I file a trespass complaint online?
Many states, including Delhi and UP, allow e-FIR or online complaints for some offences, which must be signed within three days. You can also email the complaint to the DCP. Keep printouts and acknowledgements.
Can a trespass complaint go to RERA or the consumer commission?
No. Trespass is a criminal matter for the police and the magistrate, and possession disputes go to the civil court. RERA and consumer commissions deal with builder and service disputes, which may run alongside but cannot stop a trespasser.
Can a trespass case be settled?
Yes. Criminal trespass and house-trespass are compoundable by the person in possession without the court's permission under section 359 BNSS. Settle only once the trespasser has actually left and any structure has been removed.
What evidence helps most in a trespass complaint?
Proof of your possession just before the incident: bills, receipts, a boundary wall, dated photographs and witnesses. Video of the incident and CCTV footage with a section 63 BSA certificate are strong. A same-day written complaint is itself important evidence.
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.
Need help with Trespass Complaint For Residential Property? Send your papers or a short note of what has happened. An advocate from the team of Advocate B.K. Singh will read it and tell you the next step.
