Introduction:

Section 441 of the IPC deals with the offence of ‘Criminal Trespass’.

Essential Elements:

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.

Example:

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:

House 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.

House Breaking:

  • 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).

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