The offence of criminal trespass may be committed at different occasions having different magnitudes and penalties. Depending upon the time of the trespass, its purpose and nature of the property trespassed, the offence may be aggravated and specific punishments are prescribed for those specific cases.
Further, a crime may be aggravated by the way it is committed and the end for which it is committed. Trespassing into the property where a man resides and stores his belonging is an aggravated form of criminal trespassing as the greatest safeguard is required against the habitation of people. Trespassing against such property is known as house trespass and is governed by Section of IPC. House trespass may be further aggravated if it is done in a way to avoid attention, known as lurking house-trespass and is governed by Section of IPC.
House trespass is also aggravated when it is done violently, knowns as house-breaking and governed by Section of IPC. House trespass of any form may be aggravated based on the time when it is committed, an offence taking place at night is more serious than an offence that took place during the day time.
Housebreaking by night is governed by Section of IPC. Section of IPC , defines house-trespass as committing criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling, place of worship or as a place for the custody of the property. A place of human dwelling does not always have to be a permanent resident of the defendant, temporary residents like school or railway platforms also count as a human dwelling.
However for a building to be a human dwelling it must have some walls or some kind of security and a mere fence cannot amount to a human dwelling. This offence is an aggravated form of criminal trespass, thus every house-trespass is criminal trespassing but not vice versa. As house-trespass is against the possession of a property, it cannot take place if the defendant is not in actual possession of the property.
As per Section of IPC , the defendant guilty of house-trespass may be imprisoned for a term not exceeding 1 year, fined for INR 1, or less or both. Section of IPC, deals with a further aggravation of house-trespass, known as lurking house-trespass. The section defines this offence as committing house trespass and taking precautions to conceal the offence of house-trespassing from any person who has a right to exclude or eject the trespasser from the building which is the subject of the trespass.
In Prem Bahadur Rai v State , the court held that unless active steps are taken by the accused to conceal his presence, no charge under Section can be made. Thus the ingredients of lurking house-trespass would include:. Therefore hiding in a porch behind a tree would fall within this section and the trespasser, under Section of IPC, would be liable to imprisonment for a maximum of 2 years and fine as may be prescribed by the court.
Section of IPC, talks about an aggravated form of lurking house-trespass, i. Any lurking house-trespass committed after sunset and before sunrise fall within the ambit of this section. This offence is punishable with imprisonment not exceeding three years and fine, according to Section of IPC. Section of IPC lays down 6 ways in which housebreaking can occur, namely:. The first three ways are the one in which entry is effected by using passage which is not the ordinary means of entry or exit and the last three ways are the ones in which entry is effected by use of force.
The entry of any part of the human body is sufficient to constitute housebreaking under Section of IPC if the following ingredients are present:. In Pullabhotla Chinniah case, the court held that the breaking open of a cattle-shed in which agricultural implements are kept would also amount to house-breaking. Further, making a hole in the wall to enter a house, using a window to enter a house, assaulting the guard or doorkeeper to enter a house, all amount to housebreaking and the accused will be liable for imprisonment not exceeding 2 years and fine under Section of IPC.
When housebreaking is committed after sunset and before sunrise, it is considered an aggravated form of house-breaking and is governed by Section of IPC. The reason for making it a criminal offence is to keep the trespasser away and so that the owners enjoy their property without any interruptions. A person can be held liable for trespass in public places too, if he or she enters after the closing time or if they fail to leave even when asked to.
It needs to be demonstrated that the unlawful entry was with an intention to commit an offence, or to intimidate or to annoy the person who owns the property.
The intent to intimidate, insult or annoy is a must for trespass of a criminal nature. There is a clear difference between civil and criminal trespass. However, when the act of trespass is accompanied by the intent to commit an offence or to intimidate or insult or annoy any person in possession of property, it is said to be criminal trespass and it is punishable under the IPC.
The essentials of criminal trespass are:. Entry into property in the possession of another. If such entry is lawful, then to remain upon such property unlawfully. Such entry or unlawful remaining must be done with the intention to:. They read as under:. The offence of criminal trespass has various forms and all of them are mentioned under the IPC. There is no necessity to prove that harm was suffered to bring in the claim and it is actionable per se. The courts also confer liability for accidental trespasses.
The police will use discretion to charge a person with the offence of trespass. In most states of US, criminal trespass is punishable by a misdemeanor. In some states, criminal trespass is considered a felony and usually the distinction is based on the presence or absence of criminal intent of the trespasser. Mathri v. State of Punjab. In this case, it was reiterated by the court that the dominant intention of the trespasser must be to commit an offence or to intimidate insult or annoy the person in possession of the property.
The accused had a warrant for the delivery of possession from the defendant. Where those rights are engaged, and the proviso in Article 17 no protection of rights when used to destroy or limit others' rights , any restriction on the rights by prosecution must be i prescribed by law, ii necessary in the terms provided for by Articles 8. Download: Table of other statutory offences involving Trespass.
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