Updated on July 08, 2024 03:11:27 PM
Clause 329 defines the criminal trespass and housing trespass that is recently replaced by the section 441 of Indian Penal code .This type of offence occurs when someone enters another person's property with the intention of committing a crime or intimidating, insulting, or hurting any individual. For the offence of Criminal Trespass, the accused can also get imprisonment and penalties as well. The claim of Trespass is just a claim until the accused is found not guilty. Here, the accused can get bail with a promise to be available during trial.
In this article, we will go through the complete explanation of Criminal and Housing Trespass according to Clause 329 of BNS, punishments, penalties and bail provisions. Join us to understand the legal terms to comprehend the practical consequences.
Here, is an overview of Clause 329 of BNS given below:
Offence | Criminal Trespass and House Trespass |
---|---|
Clause under BNS | Clause 329 |
Bail | Bailable |
Nature of Offence | Non-Cognizable |
Penalties and Punishments | Imprisonment 3 months or Fine or Both |
Triable | Police station/Any Magistrate |
Clause 329 of BNS clearly defines that -(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.
(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.
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because mischief is a bailable offence the accused has to approach the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation in front of police during Bail procedure.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
On the behalf of yours, the lawyer draft a bail application. In this application they outlines all the relevance details, grounds for release and bail amount. This ensures that your application is solid and comprehensive. Your lawyer will tackle all the technicalities of submitting the application to the appropriate authority and ensuring it gets into the proper hands and follows all legal requirements.
If required, your lawyer can appear on your behalf in court to make arguments and plead for your release in relation to your bail application. At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.
If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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Clause 329 of BNS outlines criminal trespass punishments and bail procedures. In addition to protecting property rights, it deters unauthorised entry into another's property. While defining penalties for criminals, the section also provides avenues for obtaining bail to ensure fairness. Justice must be maintained in the community as a result of adhering to this provision.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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