Tuesday, 10 April 2012

Section 441 Criminal Trespass

Section 441. Criminal trespass
Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, Or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass".

447. Punishment for criminal trespass
Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both.


Criminal trespass –
AIR 1983 SC 159;
(2000) 4 CCR 224 (SC);
2000 (8) SLT 190.


Sr. No.
Ingredients of the offence / Facts to be Proved
The facts of the case
1
The Person accused had entered upon the property of _____ which was in the possession of ______;

The said Person had no right to enter upon the said Property;

It must be shown the conduct of the accused person was such which would indicate that whilst entering upon the property,

he intended to commit a particular crime;
or he entered upon the property to intimidate, or he entered upon the property to intimidate or he entered upon the property to annoy,

a person in possession of said property.


OR

1
The Person accused had lawfully entered upon the property; but

The said Person’s right to remain in the property had ceased, and yet he remained in the said Property; and

It must be shown the conduct of the accused person was such which would indicate that whilst remaining in the possession of the property,

he intended to commit a particular crime;
or he remained on the property to intimidate, or he remained on the property to intimidate or he remained on the property to annoy,

a person in possession of said property.



The offence is Cognizable and Bailable and triable by any Magistrate; and therefore FIR or Application u/s 156(3) or Private Complaint u/s 200 may be preferred.

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