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    Tuesday, 10 October 2017

    House Trespass and it's Punishment

    1. INTRODUCTION
    Whoever enters upon the land of another person without his consent with intent to commit a crime is said to comment criminal trespass. Criminal trespass has different kinds 'such as house trespass, larking house trespass etc.

    2. RELEVANT PROVISIONS
    Following are the relevant Provisions of PPC regarding the concerned topic:
    Sections 441 and 447 for criminal trespass.
    Sections 442 and448 for house trespass.
    Sections 443 and 453 lurking house trespass

    3. MEANING OF TRESPASS
    Trespass is a voluntary Wrongful act against the person or to the disturbance of his possessor of property against his will.

    I. DEFINITION U/SEC. 441
    "Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate insult or annoy any person in possession of such property or having lawfully entered into or upon such property unlawfully remains there with intent a aforesaid, is said to commit criminal trespass.


    4. CRIMINAL TRESPASS

    MEANING (BLACK'S LAW DICTIONRY)
    Offences is committed when a person without effective consent enters or remains on property or in building of another knowingly or intentionally or recklessly where he had notice that entry was forbidden or received notice to depart but failed to do so.


    5. HOUSE TRESPASS

    I. DEFINITION UNDER 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 of worship or as a place for the custody of property is said to commit house trespass.

    II. INGREDIENTS OF HOUSE TRESPASS

    a. Criminal trespass
    House trespass is a criminal trespass. All the essentials of criminal trespass must be present to constitute, the offence of house trespass.

    b. By entering into or remaining in any building
    House trespass should be by entering into or remaining in any building, tent, or vessel, in the possession of, another and used as human dwelling or as a place of worship or as a place for custody of property.

    i. entering into
    The introduction of any part of the trespasser's body is entering sufficient to constitute house trespass.

    ii. Building
    The ordinary and usual meaning of building is an enclosure of brick or stone work covered by a roof.

    c. Intention
    There must have been an intention is commit an offence or an intention to intimidate, insult or annoy and person in possession of property. If such intention does not exist then the accused cannot be held guilty under this section.

    III. PUNISHMETN FOR HOUSE TRESPASS UNDER SECTION 448
    Whoever commits house trespass shall be punished with
    a. imprisonment of either description for a term which may extend to one year or
    b. with fine, which may extend to three thousand rupees
    c. with both

    6. Lurking House Trespass


    I. DEFINITION UNDER SECTION 443
    Whoever commits house trespass having taking precaution to conceal such house trespass from some person who has a right to exclude or eject the trespasser from the building, tent, or vessel which is the subject of trespass, is said to commit lurking house trespass.

    II. INGREDIENTS OF HOSUE TRESPASS
    The ingredients of the offence of lurking house trespass are:
    a. Criminal trespass
    In order to attract the provisions of Section 443, there must be a criminal trespass.

    b. House trespass
    In order that offence of lurking house trespass may constitute, there must be a house trespass. As house trespass, after taking precautions to conceal it constitute lurking house trespass.

    c. Being made in surreptitious manner
    In order to constitute lurking house trespass the offender must take some active means to conceal his presence.
    Concealment from person who has right to exclude The concealment should however be from such person who has the right to exclude or eject the trespass.

    III. PUNISHMENT FOR HOWE TRESPASS ,UNDER SECTION 448:
    Whoever commits lurking house trespass shall be punished with
    a. Imprisonment of either description for which may extend to two years; or
    b. shall also be liable to fine

    7.  HOUSE BREAKING

    (I) MEANING OF HOUSE BREAKING
    Breaking and entering into a dwelling house with intent to commit any felony therein

    (II) DEFINITION UNDER SECTION 445
    A person is said to: commit house breaking:
    a. if he enters or quits through a passage made by himself or by his associate or abettor:
    b. if he enters or quits through a passage not intended any person other than himself or an abettor to the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building;
    c. if he inters or quits through any passage which he or any abettor of the house trespass opened, in order to committing of the house trespass by any means by which that passage was not intended by the occupier of the house to be opened;
    d. if he effects or quits by opening any lock in order to the committing of the house trespass or in order to the quitting of the house after a, house after a house trespass;
    e. If he effects his entrance or departure by using criminal force of committing an assault, or by threatening any person with assault.
    f. if he enters or quits any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house trespass.

    (III) INGREDIENTS OF HOUSE BREAKING

    i. House Trespass
    The house breaking is an aggravated from of house trespass. So to constitute the offence of house breaking all the essentials of house trespass need to be fulfilled.

    (ii) Intention
    Intention is the gist of an offence under this section Where there is nothing in evidence. as to what offence the accused intended to commit nor any finding by Courts below that entry into the house was with any of the intents mentioned in Section 441, the accuse cannot be convicted.

    (iii) Mode of effecting entrance and quitting the house
    The entrance or quitting of the accused must be effected in any of the six ways mentioned in this section.

    ILLUSTRATIONS
    (i) A commits house trespass by entering Z's house through a window. This is house breaking.
    (ii) Z is standing in his doorway. A forces a passage by knowing Z down and commits house trespass by entering the house. This is house breaking.

    v. PUNISHMENT UNDER SECTION 453
    Whoever commits house breaking, shall be punished with
    (i) imprisonment of either description for a term which may extend to two years and
    (ii) shall also be liable to fine.

    8. ANALYSIS

    In last to Conclude I can say that Section 441 of PPC defines criminal trespass and its punishment is provided in section 447 of PPC. House trespass is aggravated form of Criminal trespass.
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    Item Reviewed: House Trespass and it's Punishment Rating: 5 Reviewed By: Usman Ali
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