House Trespass
Beesha Ramesh
(Querist) 08 June 2008
This query is : Resolved
Sir
some relatives (maternal grandmother, maternal uncle of daughter of the defactocomplainant) entered into the house of defactocomplainant with an intention to see their grand daughter, who is the daughter of the defacto complainant, but the defacto complainant refused them to see her. Then they pushed them inorder to see her. Subsequently the defacto complainant filed a complaint for house trespass.
Whether criminal trespass maintainable on the accused?
Whether any citations on this aspect, if available kindly mail me sirs at an earliest.
amit gupta_lawyer
(Expert) 08 June 2008
very vague question but still u need to understand that it all depend upon situation and circumstances and if the owner of house had issued any instruction to them and they still entered without the permission then yes its tresspass.
Section 441. 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".
STATE AMENDMENT
State of Uttar Pradesh:
For section 441, substitute the following: --
"441. Criminal Trespass:-- Whoever enters into or upon property in possession of another with intern to commit an offence or to intimidate, insult or annoy and person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains therewith intent thereby intimidate, insult or annoy any such person, or with intent to commit an offence.
Or, having entered into or upon such property, whether before or after the coming into force of the Criminal Law (U.P. Amendment) Act, 1961, with the intention of taking unauthorized possession or making unauthorized use of such property fails to withdraw from such property or its possession or use, when calls upon to do so by that another person by notice in writing, duly served upon him, by the date specified in the notice,
is said to commit "criminal trespass".
[Vide U.P. Act No. 31 of 1961, section 2 (w.e.f 13-11-1961)].
Section 442. House trespass
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.
H. S. Thukral
(Expert) 09 June 2008
Section starts with the words 'whoever'. It definitely covers relatives also. But to bring the entry into criminal tresspass, it has to satisfy other ingradients of the section 441. ie after a lawful entry remaining there upon property with the intention of committing an offence or to intimidate insult or annoy the person in possession of property.
Once a relative has made a lawful entry and when specifically told to quit remains there, he annoys the person in possession of property and section shall apply.
Guest
(Expert) 09 June 2008
There are cases where the courts have granted temporary injunctions against relatives restraining them from interefering in the affiars of the house holder.
Trespass simplictor may not give rise to Crime, but it must be coupled with some criminal motive.
