Criminal Trespass

Every individual has a right to the full enjoyment of his property without any disturbance, this is the reason that trespass was made an offence. Even though trespass is ordinary civil wrong where the defendant can sue for damages, but when the trespass is done with a criminal intention, it amounts to criminal trespass. Section 441 of the IPC states that whoever enters into or upon property in the possession of another with intention to commit an offence or to intimidate, insult or annoy any person in possession of such property.
The trespass has following ingredients –
Entry into or upon property in the possession of another – Property in this section means immovable corporeal property and not incorporeal property such as patent rights. Wrongful entry into one’s car or other movable property would have similar liability as wrongful entry into one’s house.

Whoever enters – To commit the offence of criminal trespass, there must be an actual entry into the property of another by the accused person. No trespass can occur if there is no physical instrument by the accused into the private property of victim.

Intention to commit an offence – The intention is the main essence of this crime, and if there is no dominant motive to commit the crime, no criminal trespass has occurred. The test for determining whether the entry was done with an intent to cause annoyance or any kind of haram is to determine the aim of a trespasser at the time of such entry.
AGGREVATED FORMS OF CRIMINAL TRESPASS – The offence of criminal trespass may be committed at different occasions having different magnitudes and penalties. These includes-
House trespass – Section 442 of the IPC states that whoever commit criminal trespass by entering into or reman in any building, tent or vessel used as a human dwelling or any building used as a place for worship or as a place for the custody of property is said to commit house trespass. The punishment for such type of trespass is mentioned in section 448 of IPC. It allows imprisonment for a term not exceeding 1 year, fined for INR 1000 or less or both.

Lurking house trespass – Section 443 of the IPC states that whoever commits house trespass having taken precautions to conceal such house trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass is said to commit Lurking house trespass. The ingredients of lurking house trespass include –

House trespass
Concealing the house trespass from someone who has the right to exclude to the trespasser
Criminal trespass is an offence punishable under IPC. The punishments depends upon the aggravation that occurred while the crime was committed.

Aishwarya Says:

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