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Showing contexts for: section 441 of ipc in State vs . Bahadur Singh Fir No. 12/2004 on 31 March, 2022Matching Fragments
Issue No.1 Whether accused has committed house trespass?
Page No. 5 of 17.
State vs. Bahadur Singh FIR No. 12/2004 It was argued on behalf of the accused that the offence of " criminal trespass" as defined in section 441 IPC can only be committed against a person who is in actual physical possession of the premises. He submitted that it pre-supposes positive and de-facto possession of the complainant but, in the case in hand, the accused is the rightful owner of the house and merely because the complainant had filed some frivolous civil suit, it cannot be said that he was in the possession of that house. He submitted that onus was on the prosecution to prove each and every ingredient of section 441 IPC, however, prosecution has failed in his duty.
On the other hand, it is submitted by the learned APP for the State that prosecution has proved that complainant was in possession of the house at the time of incident and accused Bahadur by replacing the lock of the complainant has committed the offence punishable under section 448 IPC.
Section 441 IPC defines "criminal trespass". It reads as under-
441. Criminal trespass- 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".
Section 448 provides punishment for "house trespass". In order to sustain the conviction under section 448 IPC it must be proved that the complainant was in possession of the property in question and the intention of the accused was to commit an offence or to intimidate, insult or annoy the complainant. There must be unlawful entry and there must be proof of one or other of the intentions mentioned in section 441 IPC.
Section 448 IPC reads as under:-
448. Punishment for house-trespass--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 one thousand rupees, or with both.