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Criminal Trespass notes

Criminal Trespass (Section 441 to Section 462):

If a person enters upon the property in the possession of another, with an intention to commit an offence or to intimidate, insult or annoy any person he commits criminal trespass.

If having lawfully entered he remains there unlawfully and commits an offence, he is guilty of criminal trespass. Use of criminal force, is not essential. The intention is aiming at the desired object or motive

Eg:

A landlord who forcibly enters his land in the possession of his tenant B, to beat B, A commits criminal trespass.


Punishment Section 447:

Imprisonment up to 3 months or fine of Rs.500/- or both.

In Harish Chandra

V

 State

In this case, the workers of the factory entered into the office of the Managing director with Deadly weapons.

They raised slogans and also beat the staff.

It was held that the accused workers were guilty of Criminal trespass.

House trespass (Section 442):

If a person enters into or upon the property of another with an intention to commit an offence, he is guilty of criminal trespass. A person who lawfully enters but who stays unlawfully may have an intention to commit an offence; he is guilty of criminal trespass.

If a person commits criminal trespass by entering into or remaining in any building, tent or vessel or place used for worship, he is guilty of house trespass. The introduction of any part of the body of the accused is sufficient.

Lurking house trespass (Section 443):

A person, who commits house trespass taking precautions to conceal himself, is guilty of lurking house trespass. The accused should have taken active steps and means to conceal his presence. It becomes lurking house trespass by night if he conceals after sunset but before sunrise (Sec-444).

House breaking (Section 445):

A person is guilty of house breaking, if he enters the house through an entrance, in any of the six ways:

1) A passage made by himself

Eg: A makes a hole through the wall and puts his hand.

2) Through a passage which he had opened, which passage is not intended for human entrance. He may enter by scaling or climbing over the wall.

Eg: A enters by breaking the window or by breaking open the door. This is house-breaking.

3) Any passage which he has opened to commit house trespass by any means, by which that passage was not intended by the occupier of the house to be opened.

Eg: A enters B's house in the evening through the main door but after committing theft he leaves the house by opening an inner door, which had been fastened by the owner. This is house-breaking,

4) If the offender enters by opening any lock.

5) The offender enters by using criminal force or committing assault or threatening to commit assault.

Eg: X is standing in his doorway. A knocks him down and enters the house to commit house trespass.

6) The offender enters or quits by any passage which he knows to have been fastened.

Eg: A enters B's house through a door after opening it.


Punishment:

Punishment for lurking house, trespass & house-breaking in Section 453 to 461of IPC depends on the nature of the description given in them.

In Chellappan

V

State of Kerala

The accused, with dangerous weapons, had entered a wireless station & was concealing.It was held that, there was lurking house trespass & hence guilty under Section 455.

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