Section 441 of the IPC deals with the offence of ‘Criminal Trespass’.
A person is guilty of criminal trespass when:
- He enters into some property
- That property is in the possession of another person
- He enters such property with the intention to commit an offence.
A goes to B’s house and threatens him to withdraw the case filed by B against A. A also tells him that serious consequences will follow if B does not comply. A is guilty of criminal trespass.
Kinds of criminal trespass:
Whenever a person commits criminal trespass in a house, he is said to commit house trespass.
‘House’ – Any building, tent or vessel which is used as a human dwelling or to store property or used as a place of worship, falls within the definition of ‘house’ for criminal trespass.
Lurking House Trespass:
Whenever a person commits criminal trespass in a house is such a manner so as to conceal his presence and acts stealthily, he is guilty of lurking house trespass.
- Entering or leaving the house through a passage made by accused himself.
- Entering or leaving the house by opening any lock (e.g., by drilling a hole in the walls)
- Entering or leaving the house by assaulting any person present there or threatening to do so (e.g., committing house breaking at gun point and then leaving).
- Entering or leaving the house through a passage which was opened by any person assisting such house trespass (e.g., when the servant opens the door for the house breaker).