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The term ‘Trespass’ means to indulge in other person’s premises without lawful means or consent. Trespass may occur in a person’s house, estate, vehicles, or even in bedroom. In India, it is the right of every individual to enjoy his or her property such as company, factory, ships, estate or anything without further shakings. If this peace is infringed, then a individual can seek appropriate remedy for the same. The term Trespass is differently interpreted in the Law of Torts and Indian Penal Code, 1860. This article deals with Criminal Trespass and the Prerequisites for considering an act as Criminal Trespass.
Criminal Trespass
Under the Indian Penal Code (1860), if a person commits the act of criminal trespass, he or she is dealt with under the applicable Criminal Law. As per the Black’s Law Dictionary, the term ‘Criminal Trespass’ means ‘a person who enters on the property of another without any right, lawful authority or an express or implied invitation or license’. Section 441 to 462 of the Indian Penal Code, 1860 further explains the various forms of criminal trespass and the punishment for each kind of trespass. Each of these sections provides the provision for different types of trespass such as house trespass to classify them into an act of crime and increasing the chance to punish under the Indian Penal Code, 1860. According to section 441 of the Act, a person is said to have committed the act of criminal trespass if that person enters into another person’s property intending to conduct such as an offence, intimidation, insult or annoyance. The most essential condition of criminal trespass is that there must be an entry into another person’s property by someone else. Before the commission of actual entry, a person cannot seek for remedy for criminal trespass enshrined in the Indian Penal Code, 1860. In the case of Bhupendra Singh Verma and Others v. The State (NCT of Delhi) and Another (Crl. Rev. P. 467 of 2016), the High Court of Delhi held that the stepping into another area of a house cannot be constituted as trespassing under section 452 of Indian Penal Code, 1860. Section 452 considers the trespassing into someone’s house as criminal act. The section further provides punishment for house trespass committed by someone else in the premises of the other.
Essentials for Constituting an Act as Criminal Trespass
To consider an act or commission of the offence by a person as criminal trespass, there are certain conditions to be followed. Without these conditions, it is difficult for the Court to decide whether an act is criminal trespass and the accused need to be punished or not according to the applicable laws in India.. A person is said to have committed the act of criminal trespass if all of these essentials are fulfilled. The essential conditions to consider an offence as criminal trespass are as follows:-
There must be an actual entry into the property of another person:-
For constituting an act as criminal trespass, there should be the actual entrance into the premises of another person. The premises may be house, firm, property or even personal belongings which requires permission. The mere feeling of entering into a particular person’s property does not amount to criminal trespass. The Court in such cases refuses to punish the accused. Moreover, in the case of Triloki Nath v. State of Uttar Pradesh and Another (Appeal (Crl.) 1150 of 2004), the Court observed that when a trespass has occurred, the owner can seek private defence can be used to eradicate the trespassers but it should not be excessive or cause major harm to the other person’s life.
The person who stays in the premises of another person unlawfully:-
The person who has a property need to enjoy it without further annoyances. The Indian Constitution provides such an opportunity to every citizens. Sometimes, a person may allow some persons to stay at his premises for fewer hours for any business transaction or any other purpose. The moment that time is over, then the person is required to leave the entire surroundings belonging to the owner. Granting permission to stay in someone’s premises doesn’t mean that it is for lifetime. If not he or she is said to have committed criminal trespass and unlawful stay. But there must be an intention to stay there unlawfully by a person or a group of persons.
The person who commits an act with intention:-
To consider an act as criminal trespass, there must be an actual entry into the premises or possession of another person to commit an offence. Mere thought of that someone has entered into others property is not enough for the Court to constitute an act as criminal trespass and punish the accused. Such a petition by the Petitioner will be rejected by the respective Court. In the case of Abdul Aziz v. State of Rajasthan (Appeal (Crl.) 665 of 2007), the Supreme Court of India held that breaking into someone’s house individually or jointly with the intention to cause grevous hurt or death at night amounts to trespass and to constitute such an act as trespass, actual trespass is a required condition.
The person who enters into the other person’s property or premises must need to intimidate or insult the person who is the owner of such premises:-
Mere entering into one’s surroundings shall not amount to criminal trespass. There must be some annoyance or disturbance from the stranger or the accused. If someone stays into others premises without any further disturbances, then such an act shall not amount to criminal trespass.
People possesses properties to enjoy themselves without any disturbances. They cannot tolerate any kind of nuisance or disturbances. Section 441 of the Indian Penal Code, 1860 defines what is criminal trespass and its punishments in subsequent sections. There are certain ingredients to count an act as criminal trespass. However, a criminal trespass is moulded into different types which is included in the Indian Penal Code.
Authored By: Adv. Anant Sharma & Muhammad Aslah