What is Criminal Trespass?
According to section 441 PPC
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 is said to commit criminal trespass.
House Trespass
What is House Trespass?
According to section 442 PPC
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.
The introduction of any part of the criminal trespasser body is entering sufficient to constitute house trespass.
Lurking House Trespass
What is Lurking House Trespass?
According to section 443 PPC
Whoever commits house trespass having taken precautions 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 the trespass is said to commit lurking house trespass.
Lurking House Trespass by Night
According to section 444 PPC
Whoever commits lurking house trespass after sunset and before sunrise is said to commit liking house trespass by night.
House Breaking
According to section 445 PPC
A person is said to commit house breaking who commits house trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described or if being in the house or any part of it for the purpose of committing an offence or having committed an offence therein he quits the house or any part of it in anyway.
Example,
Zaid commits house trespass by making a hole through the wall of Noor’s house and putting his hand through the aperture. This is house breaking.
House Breaking by Night
According to section 446 PPC
Whoever commits house breaking after sunset and before sunrise is said to commit house breaking by night.
Punishment for Criminal Trespass
Is section 447 Bailable?
Yes, its bailable offence.
Punishment of section 447 PPC
According to section 447 PPC
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 one thousand five hundred rupees or with both.
Punishment for House Trespass
Is House Trespass offence Bailable?
Yes, its bailable offence.
Punishment of 448 PPC
According to section 448 PPC
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 three thousand rupees or with both.
House Trespass in order to commit offence Punishable with death
Is 449 PPC Bailable?
Non bailable offence.
Punishment of Section 449 PPC
According to section 449 PPC
Whoever commits house trespass in order to the committing of any offence punishable with death shall be punished with imprisonment for life or with rigorous imprisonment for a term exceeding ten years and shall also be liable to fine.
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