Hon’ble Supreme Court observed in ‘Kewal Chand Mimani (Dead) By L.Rs v. S.K. Sen [AIR 2001 SC 2569]’ that –
“23. The word `trespass’ in common English acceptation means and implies unlawful or unwarrantable intrusion upon land. It is transgression of law or right, and a trespasser is a person, entering premises of another with knowledge that his entrance is in excess of the permission that has been given to him…”
Trespass itself is not an offence under Indian Penal Code. Criminal Trespass, which requires the following ingredients, is an offence punishable under Section 447 of IPC, 1860-
- Entry into or upon property in the possession of another.
- If such entry is lawful, then unlawfully remaining upon such property.
- Such entry or unlawful remaining must be with intent-
(a)To commit an offence or
(b)To intimidate, insult, or annoy any person in possession of other property.
If the aforesaid ingredients are not available in the act in question (trespass), then the provisions under Criminal law shall not be applicable, though the remedy shall be available for the aggrieved/victim in the Civil law.
The offence of criminal trespass may be aggravated in several ways. It may be aggravated by the way in which it is committed, and by the end for which it is committed. The Section 441 of IPC defines Criminal Trespass, Section 442 of IPC defines ‘House Trespass’, Section 443 of IPC defines ‘Lurking House-Trespass’, Section 444 of IPC defines ‘Lurking House-Trespass by night’, Section 445 of IPC defines ‘House Breaking’, Section 446 of IPC defines ‘House Breaking by night’.
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