Section 441 of the Indian Penal Code (IPC) deals with the offence of criminal trespass. Criminal Trespass under IPC means entering someone else’s property without the owner’s consent or authorization, or remaining on the property after the owner has withdrawn the consent.
Essential Elements of Criminal Trespass under IPC
- Entry: Entering someone else’s property physically or constructively.
- Property: The property can be land, buildings, vehicles, or other possessions that belong to someone else.
- Without consent: The entry or remaining on the property is without the owner’s consent or authorization.
- Intention: The offender must have the intention to commit an offence or cause harm while entering or remaining on the property.
Punishment for Criminal Trespass under IPC
- If the offence is a simple case of criminal trespass: The offender can be punished with imprisonment for up to 3 months, a fine of up to Rs. 500, or both.
- If the offender enters the property with the intent to commit an offence: The punishment can be imprisonment for up to 1 year, a fine, or both.
- If the offender enters the property with force or deadly weapons: The punishment can be imprisonment for up to 2 years, a fine, or both.
