house trespass

Hello Aashim,

Section 442 of the Indian Penal Code, 1860 describes house trespass as an offense falling under criminal trespass. It is when someone enters or stays in any building, tent or any human dwelling. Such a criminal trespass is said to happen when the accused enters or stays in any building, tent or vessel which is a human dwelling or a place of worship or a place to hold property. In Markham v. Emperor, it was held that house trespass is an aggravated form of criminal trespass. The criminal trespass is done with an intention to annoy, insult or intimidate the holder of the said property. If someone enters your house and/or property or stays there with an intention to annoy, insult or intimidate you, then you can file a criminal case alleging that the offender has committed an offence of house trespass.

Best regards,

Subhasri Chatterjee