We have studied various offences related to the property under the Indian Penal Code and one of them is Criminal Trespass, in this article we will know about Criminal Trespass under the Indian Penal code and other similar offences related to the property. The provision of trespassing is explained in detail with all its technicalities.

Section 441 of the Indian Penal Code defines criminal trespass as entering into or upon a property which is in the possession of another person, with the intention to commit an offence or with the motive to intimidate, annoy or insult any person who is in possession of that property.

Or,

Having lawfully entered into or upon such property but unlawfully remaining there with the intention to insult, intermediate are annoy any such person, with the motive of committing an offence, is said to commit criminal trespass.

That it can be deduced that the offence of criminal trespass occurs when a person enters into the private property of another person, without any legal right or licence, or remains there unlawfully with a criminal intention.

Essential ingredients of Section 441

The following are the essential ingredients of the offence of criminal trespass-
(i) there must be an unauthorised or unlawful entry into or upon the property of another person
(ii) if such entry is lawful in the beginning, then unlawfully remaining on such property,
(iii) such an entry or unlawful remaining must be with intent:
(a) to commit an offence; or
(b) to intimidate, annoy or insult any person in possession of such property.

Note: it should be noted that in committing criminal trespass, criminal force may be used but the use of criminal forces is not a necessary ingredient of the offence.

RELEVANT CASE LAWS

In Mangal Singh versus the state of UP, it has been held that in case of criminal trespass, the crucial point is always as to what was the intention of the accused in taking the action with which she was charged.

In surendranathsen vs Sudhir Kumar Ghosh, it has been held that the prosecution must establish the intent with which the accused is alleged to have committed a trespass. It is the proof of the criminal intent which distinguishes a civil trespass from criminal trespass.

In Chiddalal vs Bal Swaroop, it has been held that in order to constitute an offence under the second para of section 441, there should be a criminal mens rea. The words with the intention of taking unauthorised possession or making unauthorised use of such property, indicate that the mensrea of the offender if a person having such intention does not leave the property on receiving notice, he would be taken to have committed an offence of criminal trespass.

In Manohar Lal Mangal vs Samantha and others, where a tenant was evicted in the execution of decree from the room, but occupying organ attached with the room and did not vacate the angle that the tenant became criminal trespass within the meaning of 441, paragraph 2 of the Indian Penal Code.

Punishment- Section 447 of the Indian Penal Code provides the punishment for the offence of criminal trespass i.e. imprisonment extending up to three months or fine extending up to 500 rupees or with both.

(i) House trespass – Whoever commits criminal trespass by unlawfully entering into or remaining in any building, vessel or tent which is used as a human dwelling or as a place for the custody of a property or any building which is used as a place for worship is said to commit house-trespass.

Punishment

Section 448 of the Indian Penal Code provides the punishment for the offence of house trespassing i.e. imprisonment extending up to 1 year or with a fine extending to 1000 rupees or with both.

In Prem Lal Singh and others vs Mohanlal, it has been held that the house-trespass is an aggravated form of criminal trespass. The main aim or object of entry on the property of another by committing an offence or to annoy intermediate or insult a person in possession of the property. It is not sufficient for this purpose to show merely that the likely or natural consequence of Sachin entry could be annoyance, intimidation or insult and that such likely consequence was known to the person entering.

(ii) Lurking house-trespass – section 443 of the Indian Penal Code defines lurking house-trespass as emitting house-trespass having taken precautions to conceal such house-trespass from a person who is legally authorised to exclude or eject him from the building, vessel or tent which is the subject of the trespass.
It should be noted that the entry upon the roof of a building may be a criminal trespass but this will not constitute the offence of lurking house-trespass.

(iii) lurking house-trespass by night- Section 44 of the Indian Penal Code defines lurking house-trespass by night as committing a house-trespass after sunset but before sunrise.
It should be noted that under this section the time of entry aggravates the offence.

(iv) house breaking by night- before defining housebreaking by night, it is necessary to know what is housebreaking. Section 445 of the Indian Penal Code defines housebreaking as committing a house-trespass by affecting his entrance into a house or any part of the house, in any of the six ways hereinafter described, are being in the house or any part of the house with the motive of committing an offence, or having committed an offence therein, what’s the house or any part of it in any of the six ways mentioned below-

(1) If he enters or quits through a passage made by himself, or by the abettor of the house-trespass, with a motive to commit house-trespass.
(2) If he enters or quits through any passage not intended by any person to use as a house entrance, other than himself or an abettor of the house-trespass, or through any passage to which he has obtained entry by climbing or scaling over any wall or building.
(3) if he enters a quits through any passage opened by himself or the abetter of the offence, which was not intended to be opened by the occupier of the house.
(4) if he enters or quits by opening any lock, or open a lock in order to quit a house after committing the offence of house-trespass.
(5) If he uses criminal force, threatens someone or commits any assault to effect his entrance for departure.
(6) If he enters or quits through any passage by unfastening an entrance or departure himself or through his abettor.

The essential ingredients of the offence of housebreaking –

• There must be a house-trespass
• The person who commits house-trespass must affect his entrance into the house or leave the house in one of the ways affect in the section.
• And, whoever comments housebreaking after sunset and before sunrise is said to commit housebreaking by night. (Section 446)