Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Explanation
Criminal trespass is an offence that provides protection to a person’s right for the possession and enjoyment of property. Section 447 of the Indian Penal Code (IPC) punishes anyone who unlawfully enters or remains in another’s property with wrongful intent. In essence, it is meant to protect a person’s possession and privacy against interference, whether it is to annoy, intimidate or to commit any offence.
Meaning of Criminal Trespass
Criminal trespass is defined under Section 441 IPC, it occurs when a person enters or remains in the property of another with the intent to commit an offence, or with the intent to intimidate, insult or annoy, the lawful possessor of the property. The focus in this offence is on wrongful intent and not just the act of entering.
For instance, if A is on B’s land purely by an accident, this is not trespass. However, if A enters upon B’s land for the purpose of threatening him or doing harm to him, this would be criminal trespass.
Essential Elements
To be considered criminal trespass, the following elements must be established:
- Entry: The accused must have entered property in the possession of another.
- Lack of Consent: The entry must be without consent or lawful authority.
- Intent to commit an offence: The accused must have intent to commit an offence, intimidate, insult, or annoy the legal possessor.
Section 447 of IPC – Punishment
Whoever commits trespass is punishable with:
- Imprisonment of either description (rigorous or simple) for a term that may go up to 3 months; or,
- Fine which may extend up to 500 rupees; or,
- Both imprisonment and fine.
Although the penalty may appear to be nominal, the law still provides a serious impact to trespass due to the fact that a trespass can undermine the sanctity of property rights, and unchecked also create a more serious crime.
Landmark Cases
- Supreme Court case Mathri v. State of Punjab (1964) held that a lawful entry onto premises could constitute criminal trespass if the intent is wrongful.
- The reasoning provided in K.K. Verma v. Union of India (1954) stated that possession and consent are principles in determining cases of trespass.