would a not fully constructed building fall under 'house' in house trespass? Sec 442 IPC

Querist : Anonymous (Querist) 23 September 2010 This query is : Resolved
would a not fully constructed building fall under 'house' in house trespass? Sec 442 IPC?

the building has been lying in a "not fullly constructed" stage for teh last 10 years and now some people have trespassed into one of teh flats. do teh owners file under house trespass or criminal trespass?

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Ajay Bansal (Expert) 23 September 2010
NO.

Uma parameswaran (Expert) 23 September 2010

who ever 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 TRESSPASS.

Devajyoti Barman (Expert) 23 September 2010
Yes ,if the building is used for human habitation.

Querist : Anonymous (Querist) 23 September 2010
otehrs - Thanks
Mr. Barman- teh building was intended to be used for human habitation but now its not, sicne its not fully constructed and teh builder is now dead. does this count?

c n vittal rao (Expert) 24 September 2010
If trespass is comitted and you have been injured {legal injury) none of the other facts stated by you come in your way

pawan sharma (Expert) 29 September 2010
i do agree with Mr.Barman

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