house tresspas

Hello,

House trespass falls under Section 442 of the IPC.

As per section 442

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.

The relation between Sections 441 and 442, IPC, is such as that of Sections 378 and 380, IPC. Section 378 defines theft and Section 380 provides for punishment in case of theft being committed in any building tent or vessel being used as human dwelling or for custody of property. Likewise, Section 441 defines criminal trespass and Section 442 provides for an aggravated version in form of house trespass where the criminal trespass takes place in any building, tent or vessel used as human dwelling or, any building used as place for worship or for custody of property.

Section 448, IPC, provides for punishment for the offence of house trespass, i.e. ‘imprisonment of either descripttion for a term which may extend to one year, or fine which may extend to one thousand rupees, or both.
 

Ingredients

The essential ingredients of house-trespass are that

(a) the accused committed criminal-trespass that he trespassed by unlawfully entering into or

(b) by remaining on the property unlawfully after initial lawful entry;

(c) that such trespass was in respect of a building, tent or vessel; and

(d) that such building, tent or vessel was used as a human dwelling or as a place of worship or as a place for storing property.

House-trespass is an aggravated form of criminal-trespass, which has been defined under Section 441 of the IPC and which is punishable under Section 447 of the IPC. It is, therefore, obvious that before a person is held to be guilty of an offence punishable under Section 452 of the IPC, it must be shown that in the alleged trespass, all the elements of criminal-trespass' or house-trespass' were present.

Thank You