(1) Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence is said to commit criminal trespass.
(2) Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit house-trespass.
Explanation — —The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-trespass.
(3) Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
(4) Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.
Legal Commentary & Landmark Judgments: Section 329
Section 329 defines and penalises 'Criminal Trespass' and 'House-Trespass', punishing unlawful entry into or remaining upon property in possession of another with intent to commit an offence, or to intimidate, insult, or annoy.
In boundary or tenant disputes, establish whether a bona fide civil dispute exists. If the dispute is pending before a civil court or revenue authority, argue lack of criminal intent under *Mathuri*.