Tuesday, 10 April 2012

Offence - Criminal Trespass




Offence - Criminal Trespass


Trespass –
No defendant in an action for trespass can plead that the right of possession is outstanding in some third person, as against the fact of possession in the Plaintiff – Salmond on the Law of Torts;

in its largest and most extensive sense, signifies any transgression or offence, against the law of nature, of society, or of country, in which we live; whether it relates to man’s person or his property;
(2001) 6 SCC 512, Para 24, 25;

No man can set his foot upon my ground without my license, but he is liable to an action, though the damage be nothing; the house of every one is to him as his castle and fortress, as well, for his defence against injury and violence;

IPC 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.


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