Someone entered my house or land without permission. What can I do?
Simple answer
Entering or staying on property in your possession to commit an offence, or to scare, insult or annoy you, is criminal trespass. Doing this in your home is house-trespass, which is punished more. Both are cognizable, so police can register an FIR.
Real-life examples
At night, a man breaks the lock of Joseph's house to steal. Breaking in after sunset is house-breaking by night (BNS 331), which carries much higher punishment than simple trespass.
Gurpreet's relative puts up a fence on Gurpreet's farmland to grab it and threatens him. Police can act on the trespass and threats. But who owns the land, and getting it back, are usually decided by a civil court.
A courier walks up to Tenzin's door to drop a parcel without asking. There is no intent to commit an offence or to annoy, so it is not criminal trespass.
What should you do?
- 1If someone is breaking in or is still inside, call 112. Do not confront an armed intruder alone.
- 2Take photos and videos, save CCTV footage, and note the names of witnesses.
- 3File an FIR. Carry proof that you are in possession, such as a sale deed, rent agreement, electricity bill or property tax receipt.
- 4If a land or boundary dispute may turn violent, ask the police or the Executive Magistrate to act to keep the peace.
- 5If you have been pushed out of your property, see a lawyer quickly: a suit to get back possession under Section 6 of the Specific Relief Act must be filed within 6 months.
Exceptions & limits
- Even an owner can commit trespass by entering, to harass, a property in someone else's lawful possession, such as a tenant's home.
- You may use reasonable force to remove a trespasser, but not more than needed. Causing death is allowed only in grave cases, such as robbery or house-breaking at night, and only when necessary.
Official legal reference
Bharatiya Nyaya Sanhita, 2023 — Section 329
Criminal trespass: up to 3 months, or fine up to ₹5,000, or both. House-trespass: up to 1 year, or fine up to ₹5,000, or both.
Earlier: IPC Sections 441, 442, 447, 448Read the official textBharatiya Nyaya Sanhita, 2023 — Section 331
Lurking house-trespass or house-breaking: up to 2 years and fine; higher punishment at night, or when done to commit another offence.
Earlier: IPC Sections 453 to 460Read the official textBharatiya Nyaya Sanhita, 2023 — Sections 41, 42, 43
Private defence of property: when it can extend to causing death (robbery, house-breaking at night, arson of a home), other harm, and how long it lasts.
Earlier: IPC Sections 103, 104, 105Read the official textBharatiya Nagarik Suraksha Sanhita, 2023 — Section 164
Executive Magistrate's power when a dispute over land, water or boundaries is likely to cause a breach of the peace.
Earlier: CrPC Section 145Read the official textSpecific Relief Act, 1963 — Section 6
A person dispossessed of immovable property without due process can sue within 6 months to get possession back, without proving ownership.
Where to get help
NALSA Free Legal Aid
Free lawyer and legal advice for eligible people through Legal Services Authorities.
Source & status
- Applies to
- All of India
- Law in force since
- 1 Jul 2024
- Legal review
- Draft — awaiting lawyer review
Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.