Criminal trespass and house-trespass
AI Assist
Summary
Entering or remaining on someone else’s property with the intent to commit an offence or to intimidate, insult or annoy the person in possession is criminal trespass. If the entry or presence is in a dwelling, a place of worship, or a building used to keep property, it is house-trespass. Criminal trespass can attract up to three months’ imprisonment or a fine up to Rs 5,000, or both. House-trespass carries up to one year’s imprisonment or a fine up to Rs 5,000, or both.
Example
Ravi slips into a neighbour’s locked warehouse to scare the shopkeeper and stays inside shouting. Because he entered and remained in a building used for custody of property with intent to intimidate, it is house-trespass; he could face up to one year in jail or a fine up to Rs 5,000 or both.
Bare Act
Enacted text(1) 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 thereby to intimidate, insult or annoy any such person or with intent to commit an offence is said to commit “criminal trespass”.
(2) 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.
(3) 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 to five thousand rupees, or with both.
(4) Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.
Previous year papers
Pick your exam. we'll email the most recent paper.