Monday, 20 June 2022

Criminal Trespass

 Criminal Trespass

Entering into somebody else's property or land without the permission of the owner or the person reciding their, this act would amount to trespass or tort or civil wrong.

Section 441 speaks about Criminal trespass means,it unlawfully entering into to a land or property of others with intention of committing an offence inside the property ,on the property or land or to intimidate insult or to annoy the person.

It should have both mens rea and actus rea ingredients .

Illustration- Mr.A is entering Mr.B House with the permission of B , this act of A would amount to trespass or civil wrong or tort. While, If A has the intention to commit a theft inside the house and run away with valuables of Mr B house or insult Mr.B or family.This would amount to criminal trespass .

On the contrary some entries are lawful , In case B throws a birthday party in his house and invite multiple guest , till the party is alive , it won’t amount to trespass , but if Mr. A decides to stay back at B’s house even if the birthday is over with any intention to insult or malicious mindset would amount to criminal trespass .

Section 442 , 443 , 444 are aggravated forms of Section 441

Section 442 speaks about house trespass , it means if anyone unlawfully enters into a property of worship , human dwelling(building  tent , vessel) ,place for the custody of property . It also says if anyone lawfully enters and starts to stay back and remain their unlawfully with malicious intentions .

Section 443 speaks about lurking house trespass  it means if a person enters unlawfully and decides to hide himself in the property or conceal himself from the eyesight of everybody would amount to lurking house trespass . But if the same act is committed between sunset to sun rise it would be called lurking house trespass by night .
The serious and frequency of the offence and order of punishment changes with the time difference in such act.

Section 444 speaks about house breaking , in this particular section it is explained that if a person enter and exists into a property or land himself or with the help of abettor in 6 six different way as mentioned would amount to house breaking .
1-Passage made by themselves

2-By scaling or climbing building or wall

3-Passage which was not supposed to be kept open. For example – If abettors keeps the back door open so that a person could enter unlawfully could enter .

4-Opening a lock

5-Using criminal force or committing an assault or by threatening any person with assault

6-Usage of fastened passage

If a person by any of such ways enters or quits into a property by himself or with the help of abettor with wrong intention between sunset and sunrise the punishment for the sae offence would be increased and the seriousness of the offence too, all of it would amount to house breaking by night.

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