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Q. Explain criminal trespass stating it different kinds.(2003)
Q. Define lurking house trespass and house trespass.(2000)(1995)
Q. Define trespass what punishment is provided for this offences.(1995)
Trespass is an unlawful interference with one’ s person , property or rights. At common law, trespass was a from of action brought to recover damages for any injury to one’ s person or relationship with another. Section 441 to 456 of P.P.C deals with different kinds of trespass.
Following are the relevant provision of P.P.C regarding the concerned topic.
Section 441 and 477 for criminal trespass
Section 442 and 448 for house trespass
Section 443 and 453 for lurking house trespass.
3. Criminal Trespass:
(I)Definition U/Sec 441:
“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 as aforesaid, is said to commit criminal trespass.”
Following are the ingredients of section 441.
(i) Entry into Property in Possession of Another:
There must be entry into or upon property in the possession of another. Entry may be accomplished either by physically setting foot personally or by some other method.
The word property in this section is wide enough to cover moveable property into or upon which it is possible for a person to enter or upon entering remain, with intention described in the section.
The possession must be actual possession some person other than the alleged trespasser. It the complained is not in actual possession of the property this offence cannot be committed.
- Possession of Another:
(ii)Unlawful entry or Unlawfully Remaining There:
The entry may be lawful or unlawful where the original entry was lawful i.e without any intention to commit an offence, but the person entering remains there with the intent specified in the section, he commits criminal trespass.
(iii)Intention to Commit Offence, Offence, Intimidate, Insult or Annoy Person in Possession:
Criminal trespass depends on the intention the offender and not upon the nature of the act intention must always be gathered from the circumstances of each case.
There may be intention to commit an offence. The offence referred to cannot be the offence of criminal trespass itself, but must be some other offence either under the P.P.C or under any special enactment.
- Commit an Offence:
Intimidate means to over awe or to put in fear by some force or threat of violence. The word annoyance must be taken to mean annoyance that would generally and reasonably affect an ordinary person and not a particular individual. Where the intention is to commit an offence or intimate, insult or annoy any person in possession it would amount to criminal trespass.
- Intimidate, Insult or Annoy:
(III) Object Of Sec. 441:
Object of section 441 P.P.C is to maintain peace by protecting possession irrespective of title.(PLD 1975SC556)
(IV) Right Of Private Defence Against Criminal Trespass:
In case of criminal trespass, the right of private defence continues so long as the trespass continues and is controlled by section 99 of P.P.C
Trespasser on property cannot claim right of private defence of his person unless he first brings to an end his own act of trespass.(PLD 1983 SC 135)
(V) Punishment U/Sec 447:
Whoever commits criminal trespass shall be punished with:
4. House Trespass:
- Imprisonment of either description for a term which may extend to three months or
- With fine which may extend to RS. 1500, or
- With both
(I) Definition U/Sec 442:
Whoever commits criminal trespass by entering into or remaining in any building tent or vessel used as a human dwelling or any building used as a place for worship or as a place for the custody of property, is said to commit house trespass.
Following are the ingredients of section 442.
House trespass in an aggravated from of criminal trespass. All the ingredients of criminal trespass must be present to constitute the offence of house trespass.
(ii)Entry into Building, Tent or Vessel:
According to the explanation of section 442, the introduction of any part of the trespass’ s body is entering sufficient to constitute house trespass.
The entry must be in any building tent or vessel used as a human dwelling or any building used as a place of worship or for the custody of property.
What is building must always be a question of decree and circumstances, its usual and ordinary meaning is an enclosure of brick or stone work covered by a roof.
(II) Scope Of Sec. 442:
Section 442 dose not contemplate the intended or the prospective use of the building. Only those buildings fall within the purview of this section which have been put to the uses specified in the section.
(IV) Punishment U/Sec 448:
Whoever commits house trespass shall be punished with.
5. Lurking House Trespass:
- Imprisonment of either description for a term which may extend to one year, or
- With fine which may extend to Rs. 3000. Or,
- With both.
(I)Definition U/Sec 443:
Whoever commits house trespass having taken precaution to conceal such house trespass from some person who has a right to exclude or eject the trespass from the building, tent or vessel which is the subject of the trespass, is said to commit lurking house-trespass.
Following are the ingredients of section 443.
The lurking house-trespass is an aggravated from of house-trespass. So to constitute this offence, all the ingredients of section 442 need to be fulfilled.
(ii)Made in Surreptitious Manner:
In order to constitute the offence of lurking house-trespass, the offender must have taken precautions to conceal such house-trespass.
(iii)Concealment From Person Who has Right to Exclude:
The concealment should be from such person who has the right to exclude or eject the trespasser.
(III)Punishment U/Sec 453:
Whoever commits lurking house-trespass shall be punished with.
(i)Imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
To conclude, I can say that trespass in the name of every usurpation, however, slight of dominion over property, Section 441 defines criminal trespass punishment for which is provided in section 447. The offence of criminal trespass may be aggravated by the way in which it is committed and by the end for which it is committed. House-trespass is an aggravated from of criminal trespass and when it is being committed in a surreptitious manner it is called lurking house-trespass.
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