Answer
Criminal Trespass:
According to Section 441 of PPC, ever enters into or upon property in the possession of another intent to commit an offence or to intimidate, insult or annoy person in possession of such property; or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult, or annoy any such person or with intent to commit an offence, is said to commit “criminal trespass.
Ingredients of Criminal Trespass:
There are the following ingredients of-criminal trespass:
1. Entry into or upon property in possession of another.
2. If such entry is originally lawful then remaining upon such property unlawfully.
3. Such entry or unlawful remaining is with intent:
(a) to commit an offence; or.
(b) to intimidate, insult, or annoy any person in possession of property.
Explanation:
In order to constitute the offence of criminal trespass the prosecution must prove that the trespass was made with one of the intents specified in Section 441 above intention is the sine qua non. A trespass, therefore, unless it is accompanied by a criminal intent is not criminal trespass. Where a person who having no intention to intimidate insult or annoy takes possession of another’s property in exercise of bona fide claim of right he is not criminally liable.
Important points:
The use of criminal force is not necessary. The following points are to be noted with regard to the offence of criminal trespass:
1.Trespass can only be committed in respect of immovable property, such as land, houses etc.
2. The essence of the offence is the intention with which it is committed. It must be proved that one or other of the intents named above was in the mind of the offender.
3. A person entering on the land of another in the exercise of a bona-fide claim of right will not be guilty. But if the claim is made with intent to annoy, it does not matter whether it was made under a claim of right.
4. The word ‘annoy” must be taken to mean annoyance that would generally and reasonably affect an ordinary person, not what would annoy a fanciful person, or a peevish person.
5. The property must be in the actual physical possession of a person. It is defacto and not dejure possession that is necessary.
6. The remaining becomes unlawful if the offender remains against the wishes of the person actually in possession.
7. The ‘offence’ includes a thing punishable under any special or local law with imprisonment of six months or upwards, or any offence under the PPC.
Punishment for Criminal Trespass:
Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend five hundred rupees, or with both.
House trespass:
According to Section 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.
Explanation:
The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house trespass (Section 442).
Essential for house trespass:
1. Criminal trespass by person by entering into or remaining in any:
(a) building, of
(b) tent, or
(c) vessel.
2. Criminal trespass in a building used as a place for:
(i) worship, or
(ii) custody of property
Introduction of any part of the offender’s body is sufficient entering’. For example, a thief breaks the wall of a house to make entry and move his legs first to enter, when he is challenged and runs .iway. In this case, because he moved his legs only into opening, this will constitute entry. What is a building must always question of (legree and circumstance. Its ordinary and usual meaning a block of bricks or stone-work, covered in by a roof. The surrounding of an open space of ground by a wall or fence cannot convert the offence, ike entry must be criminal.
Punishment for house trespass:
Whoever commits the trespass shall be punished with imprisonment of either description br a term which may extend to one year, or with fine which may extend to thousand rupees, or with both.
Aggravated forms of house trespass:
The following aggravated forms of this offence:
1. House trespass in order to the commission. of an offence punishable with death (S. 449).
2. House-trespass in order to the commission of an offence punishable with transportation for life (S. 450).
3. House-trespass in order to the commission of an offence punishable with imprisonment (S. 451).
4. House-trespass after preparation made for causing hurt, assault, or wrongful restrain to any person, or for putting
any person in fear of hurt, assault, or wrongful restraint. (S. 452).
Lurking house trespass:
According to Section 443 of P.P.C.
“Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to c1ude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit lurking house trespass.”
Punishment for lurking house-trespass or house-breaking:
Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
Lurking house-trespass by night:
Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit “lurking house trespass by night” (S. 444) (Imprisonment 3 years and fine).
Punishment for lurking house-trespass or house-breaking by night:
According to Section 456. whoever commits lurking house trespass by night or house-breaking by night, shall be ‘punished with imprisonment of either description for a term which may extend to three years, and shall also he liable to fine.
House-breaking:
A person is said to commit “house breaking”, who commits house-trespass if he effects his entrance into the house or to any part of it in any the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence, therein, he Ouits the house or any part of it in any of such six ways, that is to say:
First: If he enters ot quits through a passage made by himself. or by any abettor of the house-trespass, in. order to the committing of the house-trespass.
Secondly: If he enters or quits through any pass age not intended by any person, other than himself or an abettor of the offence for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or budding.
Thirdly: If he enters or quits through any passage which he or any abettor of the house-trespass has opened in order to the committing of the house-trespass by afly means by hich that passage was not intended by the occupier of the house to be opened.
Fourthly: If he enters or quits by opening an’ lock in order to the committing of the house-trespass, or in ordei o the quitting of
the house after house-trespass.
Fifthly: If he effects his entrance or departure by using criminal force or Committing an assault, or by threatening any person with assault.
Sixthly: If he enters or quits by any passage which he knows to have been fastened against such entrance or departure and o have been unfastened by himself or by an abettor of the house trespass.
Explanation:
Any out-house or building occupied with a house and between which and such house there is an immediate internal communication, is part of the house within the meaning of this Section. (S. 445)
(i)A commits house-trespass by making a hole through the
wall of Z’s house and putting his hand through the
aperture.
(ii)A commits house-trespass by creeping into a ship at a
port hole between decks.
(iii) A commits house-trespass by entering Z house through
a window.
(iv) A commits house-trespass by entering Z’s house through the door, having, opened a door which was fastened.
(v) A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting a wire through a hole in the door.
(vi) A finds the key of Z’s house-door, which Z has lost, and A commits house-trespass by entering Z’s house, having
opened the door with that key.
(vii) Z is standing in his doorway. A forces a passage by knocking Z down and commits house-trespass by entering the house.
(viii) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the house, having
deterred Z from opposing him by threatening to beat him.
In all the above cases (i) to (viii) the offence committed is ouse-breaking. (Punishment: Two years and fine).
Illustrations
House-breaking by night: House-breaking after sun set and before sunrise is said to be “house-breaking by night”. (Section 446)
Punishment: Three years and fine).
Distinction between “Criminal trespass”, “house-trespass”
and house-breaking”:
Criminal trespass may be committed, by
entring upon another’s property with intent to intimidate , insult or
annoy that person. If the property is used as a human dwelling the offence of criminal trespass “becomes the offence of house-trespass. But If the offence of house-trespass is further aggravated by the entry or departure of a forcible nature or entry or departure, through any passage not intended for human entrance or departure, then the offence becomes house-breaking. House-breaking is thus an aggravated form of criminal trespass.
In all “house-breaking” there must be “house-trespass” and in all “house-trespass” there must be “criminal trespass”. In order therefore, to establish an. offence either of house-breaking or house- trespass, the intent necessary to prove “criminal trespass” must be present.