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 intentio...
B.A. LL.B (Advocate)