This note covers two distinct but syllabus-linked topics: criminal trespass (protecting the right to occupy property undisturbed) and forgery (protecting the authenticity of documents). The BNS consolidates the IPC's numerous trespass sections into S.329 to S.334 and the forgery sections into S.335 to S.350.
BNS S.329 = IPC S.441/S.442/S.447/S.448 (trespass + house-trespass + punishments consolidated). BNS S.330 = IPC S.443/S.445/S.453 to S.460 (lurking + house-breaking + punishments consolidated). BNS S.335 = IPC S.463 (making a false document). BNS S.336 = IPC S.464/S.465/S.468/S.469 (forgery + punishments consolidated). BNS S.337 = IPC S.466 (forgery of public record). BNS S.338 = IPC S.467 (forgery of valuable security/will).
Criminal Trespass (S.329)
Definition (S.329(1))
"Whoever enters into or upon property in the possession of another with intent to:
- commit an offence, or
- intimidate, insult or annoy any person in possession,
or having lawfully entered, unlawfully remains there with such intent, is said to commit criminal trespass."
House-Trespass (S.329(2))
"Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or a place for worship or custody of property, is said to commit house-trespass."
Punishment
| Sub-section | Offence | Punishment |
|---|---|---|
| (3) | Criminal trespass | Up to 3 months, or Rs. 5,000 fine, or both |
| (4) | House-trespass | Up to 1 year, or Rs. 5,000 fine, or both |
House-Breaking (S.330)
House-breaking means effecting entry (or exit) by any of six specified modes:
- Through a passage made by the offender for that purpose
- Through a passage not intended for human entrance (climbing, scaling)
- Through a passage opened by the offender (not intended by occupier to be so opened)
- By opening a lock
- By criminal force or assault
- Through a passage known to have been fastened against such entry
Aggravated Trespass/Breaking (S.331 to S.334)
| Sub-section | Aggravation | Punishment |
|---|---|---|
| S.331(1) | Lurking house-trespass or house-breaking | Up to 2 years + fine |
| S.331(2) | Same, after sunset and before sunrise | Up to 3 years + fine |
| S.331(3) | For purpose of committing an offence punishable with imprisonment; if theft: up to 10 years | Up to 3 years + fine (general); 10 years (theft) |
| S.331(4) | Same at night; if theft: up to 14 years | Up to 5 years + fine; 14 years (theft at night) |
| S.331(5) | With preparation for causing hurt, assault or wrongful restraint | Up to 10 years + fine |
| S.331(6) | Same at night | Up to 14 years + fine |
| S.331(7) | Causing grievous hurt or attempting death during trespass/breaking | Life, or up to 10 years + fine |
| S.331(8) | Same at night + voluntarily causing/attempting death or GH | Life, or up to 10 years + fine |
Forgery (S.335 to S.338)
Making a False Document (S.335)
A person makes a false document or false electronic record who:
- (A) Dishonestly or fraudulently makes, signs, seals or executes a document (or electronic record) with intent that it be believed to be made by another person or by authority of another
- (B) Without lawful authority, alters a document or electronic record in a material part after execution
- (C) Dishonestly causes another (who is incapable or deceived) to sign, seal or execute a document/electronic record
Forgery (S.336)
"Whoever makes any false document or false electronic record, with intent to:
- cause damage or injury, or
- support any claim or title, or
- cause any person to part with property or enter into a contract, or
- commit fraud or that fraud may be committed,
commits forgery."
Punishment (S.336(2) to (4))
| Sub-section | Situation | Punishment |
|---|---|---|
| (2) | Basic forgery | Up to 2 years, or fine, or both |
| (3) | Forgery for the purpose of cheating | Up to 7 years + fine |
| (4) | Forgery to harm reputation | Up to 3 years + fine |
Aggravated Forgery (S.337, S.338)
| Section | What is Forged | Punishment |
|---|---|---|
| S.337 | Record of court, public register, identity document (voter ID, Aadhaar), power of attorney, authority to defend | Up to 7 years + fine |
| S.338 | Valuable security, will, authority to adopt, authority to make/transfer valuable security, or acquittance/receipt | Life, or up to 10 years + fine |
Using Forged Document (S.340)
"Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be forged, shall be punished in the same manner as if he had forged it."
Recall Check
- What distinguishes criminal trespass from house-trespass?
- What are the six modes of house-breaking?
- What is the punishment for forging a valuable security or will?
- What is the difference between S.335 (making a false document) and S.336 (forgery)?
Distinctions
| Basis | Criminal Trespass (S.329(1)) | House-Trespass (S.329(2)) |
|---|---|---|
| Place | Any property in another's possession | A building, tent or vessel used as dwelling, worship or custody |
| Gravity | Lesser | Greater (invasion of the home) |
| Punishment | Up to 3 months | Up to 1 year |
| Basis | Forgery (S.336) | Cheating (S.318) |
|---|---|---|
| Mechanism | Creating a false document | Oral or other deception inducing delivery |
| Medium | Documentary (written, electronic) | Any means of deception |
| Example | Forging a cheque | Lying about creditworthiness to obtain credit |
| Overlap | Forgery may be used for cheating (S.336(3): forgery for cheating carries 7 years) | Cheating may involve use of forged documents |
| Basis | S.335 (Making False Document) | S.336 (Forgery) |
|---|---|---|
| Nature | The act of making the document | Making it with intent to cause damage, support a claim, or commit fraud |
| S.335 without S.336 | Technically possible but always charged together | Forgery requires the S.335 act plus the specified intent |
| Punishment | Not separately punished | S.336(2) to (4) |
Flashcards
Define criminal trespass under S.329(1).
Entering or remaining on property in another's possession with intent to commit an offence or to intimidate, insult or annoy.
What makes house-trespass different from criminal trespass?
The entry is into a building, tent or vessel used as a dwelling, place of worship, or place for custody of property.
Name the six modes of house-breaking.
Through a self-made passage; through a passage not for human entrance (climbing/scaling); through a passage opened by the offender; by opening a lock; by criminal force or assault; through a passage known to be fastened.
What is forgery under S.336?
Making a false document or electronic record with intent to cause damage/injury, support a claim/title, cause a person to part with property, or commit fraud.
What is the punishment for forging a will (S.338)?
Life imprisonment, or up to 10 years plus fine.
Is using a forged document punishable even if the user did not forge it?
Yes, under S.340: punished in the same manner as if he had forged it, provided he knew or had reason to believe it was forged.
Exam Scenario
Problem: Mohan enters his neighbour Neeta's house through an open window at 2 a.m. while she is sleeping, intending to steal her jewellery. He finds the safe locked and leaves without taking anything. Separately, Omar creates a fake sale deed purporting to transfer Neeta's house to himself, forging her signature, and registers it. He then uses this deed to obtain a bank loan against the property. Advise.
Step 1: Test Mohan
| Element | Application |
|---|---|
| Criminal trespass | Yes: entered property in Neeta's possession with intent to commit theft |
| House-trespass | Yes: a building used as human dwelling |
| House-breaking | Yes: entered through a window (passage not intended for human entrance by the occupier) |
| Time | After sunset and before sunrise (2 a.m.) |
| Intent | To commit theft (punishable with imprisonment) |
Charge: S.331(4) (lurking house-trespass or house-breaking after sunset, for the purpose of committing theft). Punishment: up to 14 years + fine.
The fact that Mohan did not succeed in stealing anything is irrelevant. The offence is committed by the entry with intent.
Step 2: Test Omar
Forgery:
| Element | Application |
|---|---|
| Makes a false document (S.335) | Yes: creates a fake sale deed with Neeta's forged signature |
| Intent (S.336) | To support a false claim of title; to cause Neeta to lose her property; to commit fraud on the bank |
| Document forged | A sale deed: purports to be a valuable security (transfers legal right) |
Charge: S.338 (forgery of valuable security). Punishment: life, or up to 10 years + fine.
Using the forged deed: Omar uses the forged deed to obtain a loan from the bank. Under S.340, he is punished as if he had forged it (same punishment: life or 10 years).
Cheating the bank: The bank was deceived into believing the deed was genuine and disbursed a loan. This is cheating under S.318(4) (dishonestly inducing delivery of property). Punishment: up to 7 years + fine.
Omar faces multiple charges: S.338 + S.340 + S.318(4).
Entry through a window at night is house-breaking, not simple trespass. The window is "a passage not intended for human entrance" and the time is after sunset. This pushes the case to S.331(4) (up to 14 years for theft purpose at night), far beyond simple trespass (3 months).
A sale deed is a valuable security. It transfers legal rights. Forging it attracts S.338 (life), not the basic S.336(2) (2 years). The nature of the document controls the punishment.
Conclusion. Mohan: S.331(4), up to 14 years (house-breaking at night for theft). Omar: S.338 (life or 10 years for forging a valuable security) + S.318(4) (up to 7 years for cheating the bank).
See Also
- Theft, Extortion, Robbery and Dacoity : theft that Mohan intended to commit inside the house.
- Cheating and Mischief : Omar's cheating of the bank uses the forged document.
- Right of Private Defence : S.41(b) permits causing death to a house-breaker after sunset and before sunrise.