OF CRIMINAL TRESPASS

S.329 BNS/S.441 IPC

CRIMINAL TRESPASS AND HOUSE-TRESPASS

1. 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 thereby to intimidate, insult or annoy any such person or with intent to commit an offence said to commit “criminal trespass”.

2. 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.

3. 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 thousand rupees, or with both.

4. Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

'X' with a view to murdering 'Y enters. 'Y's bedroom at night when 'Y' is out of station. 'X' is guilty of:

a. murder

b. house trespass

c. attempt to murder

d. no effence

Ans. b

In which of the following the right to private .defence of property does not extend to causing of death?

a. Robbery

b. House breaking by night

c. Mischief by fire

d. House trespass

Ans. d

The offence of criminal trespass is complete when at person entrusted upon the property in the possession of another with intent to commit:

a. a bailable offence

b. any offence

c. a non bailable offence

d. a cognizable offence

Ans. b

'A' intending to commit theft enters the house of 'B' at night and removes/from one of the rooms a box to the courtyard where he opens it. He does not.find in the box anything worth-taking and leaving the box there goes away. In this case:

a. 'A' is liable, only for house trespass

b. 'A' is liable for theft

c.  ‘A' has committed no offence

d. 'A' is liable for house trespass and attempt to commit theft

Ans. d