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JEGADEESAN (Auditors & Tax Advisors)     06 October 2021

Criminal law reg

Sir

I would like to clarify some doubts regarding the following

I have cultivated some agri land under lease got from my friend .Some neighbours damaged the fencing and damaged the crops also on October 4th .2021 Further the enemy blocked the path which was used by me to reach the land Now questions is 

Whether can I claim the compensation from him ?

Where should I approach police station or court ?
Whether any one can block the path of agricultural land ?

What are the remedies under IPC or any other relevant act for the above problem



Learning

 2 Replies

Anusha Singh   06 October 2021

As per your query it is understood that you need information regarding the trouble caused to you by your neighbors.

As you mentioned that your neighbors damaged the fencing and the crops too this will amount to criminal trespass.

441 of IPC defines Criminal Trespass.

Criminal Trespass

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”.

If this type of harassment is faced by you from your neighbors, you can file an application under Section 441 of IPC in the court of magistrate. And the punishment of criminal trespass has been defined in Section 447 of IPC in which three months imprisonment is mentioned or fine of 500 rupees or with both.

You can send them legal notice and can demand the compensation for the damage caused to your fencing and to the crops but if they do not reply or agree to the notice given by you then you can file the FIR against your neighbor in the police station which has the jurisdiction to record your complaint.

Your neighbors cannot block your path to the agricultural land. You can issue legal notice to them to not block your path to your property. If they refuses you can file a FIR against them and if still there is no improvement you can file a injunction suit in the Court which has the jurisdiction to entertain your case.

Hope it helps!

 

Regards,

Anusha Singh

 

2 Like

JEGADEESAN (Auditors & Tax Advisors)     06 October 2021

Thank you so much for your reply


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