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Under section 329(2) of the Bharatiya Nyaya Sanhita, 2023, what is the minimum physical intrusion that…

Any part of the trespasser’s body entering the qualifying place is enough for the entering element. The other elements of criminal trespass and the statutory nature of the…

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Under section 329(2) of the Bharatiya Nyaya Sanhita, 2023, what is the minimum physical intrusion that can satisfy the entering element of house-trespass into a qualifying place?

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Answer and explanation

Correct answer B

Any part of the trespasser’s body entering the qualifying place is enough for the entering element. The other elements of criminal trespass and the statutory nature of the place still matter.

Option feedback

Option A

A whole foot is more than the minimum. Any bodily part suffices.

Option B

The Explanation to section 329(2) expressly sets this threshold.

Option C

Complete bodily entry is unnecessary to satisfy the entering element.

Option D

Forcing an entrance open does not establish bodily entry if no part of the body enters.

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