New Criminal Laws for Property Crimes in India: What Changed Under BNS 2025

India's Criminal Law Just Changed — Do You Know the New Sections?

On July 1, 2024, the Indian Penal Code (IPC) of 1860 was replaced by the Bharatiya Nyaya Sanhita (BNS), 2023. If you've been reading about property crimes using old IPC section numbers, you're citing the wrong law.

For plot owners fighting encroachment, trespass, and fraud, here's what changed and — crucially — what stayed the same.

Criminal Trespass: IPC 441/447 → BNS Section 329

What the Old Law Said (IPC 441/447)

• Section 441: Defined criminal trespass as entering or remaining on another's property with intent to commit an offence or intimidate the owner
• Section 447: Prescribed punishment — up to 3 months imprisonment, or fine, or both

What the New Law Says (BNS Section 329)

BNS Section 329 consolidates criminal trespass and house-trespass. The core definition is unchanged: unlawful entry or refusal to leave property with intent to commit an offence or intimidate the lawful possessor.

New punishments under BNS 329:

• Basic criminal trespass: up to 3 months imprisonment, fine of ₹5,000, or both
• House-trespass: up to 1 year imprisonment, fine of ₹10,000, or both
• Lurking house-trespass or house-breaking: up to 2 years imprisonment plus fine
• If committed at night (between sunset and sunrise): up to 3 years imprisonment plus fine
• If trespass is for committing an imprisonable offence: up to 3 years plus fine

What's New: Intent Requirement

BNS Section 329 reinforces that intent is required for criminal trespass. Accidental entry does not qualify. This makes evidence of deliberate, sustained encroachment — like GPS-documented boundary violations over multiple visits — more important than ever.

Forgery and Fraud: Updated Sections

Old IPC Sections for Property Fraud

• 420 (Cheating): 7 years + fine
• 467 (Forgery of valuable security): 10 years + fine
• 468 (Forgery for cheating): 7 years + fine

New BNS Equivalents

• BNS Section 318: Cheating — up to 7 years + fine (same)
• BNS Section 336: Forgery of valuable security/documents — up to 10 years + fine
• BNS Section 338: Forgery for cheating — up to 7 years + fine

The substance is similar, but the BNS sections are now the ones to cite in FIRs and legal notices.

The New BNSS for Quick Dispute Resolution

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 also replaced the CrPC. Crucially for property owners:

BNSS Section 164 (replacing old CrPC Section 145) allows an Executive Magistrate to intervene swiftly in land disputes that are likely to cause a breach of peace — without waiting for a full civil trial. This is one of the fastest ways to get an encroacher to stop construction.

Why Documentation Has Become More Critical Than Ever

Under both the old and new law, your case depends on proving:

1. You are the lawful possessor
2. The entry was unauthorised
3. Intent was present (for criminal cases)

Without timestamped GPS video evidence, boundary photos, and documented ownership records, meeting these evidentiary requirements is extremely difficult. Courts under the new law continue to demand solid documentary proof.

PlotPolice GPS-tagged video reports and legal monitoring checks provide exactly this evidence trail — prepared before you need it, not scrambled together after the damage is done.

Quick Reference: Key Sections

| Old IPC | BNS 2023 | Offence |

|---------|----------|---------|

| 441 | 329 | Criminal Trespass |

| 447 | 329 | Punishment for Trespass |

| 420 | 318 | Cheating/Fraud |

| 467 | 336 | Forgery of Property Documents |

| 468 | 338 | Forgery for Cheating |

Always cite BNS sections in FIRs filed from July 2024 onwards. FIRs filed using old IPC sections are still processed but may require amendment.