offence under Section 447 of the IPC which
deals with criminal trespass and Section 427 of the IPC which deals
with mischief are laid against ... possession of the complainant would be a
trespasser but every trespass does not amount to criminal trespass.
This decision again would not be applicable
offence of criminal trespass becomes the offence of house-
trespass: vide Section 442 . If this offence of house-trespass is
further aggravated by an entry ... trespass, or in order to the quitting
of the house after a house-trespass.
Fifthly.--If he effects his entrance or departure by using
criminal
property cannot be stated to have committed the offence of
criminal trespass if he or she enters in the room which is in possession ... open these locks which
clearly makes it as a case of criminal trespass. Therefore, the complaint
and the proceedings cannot be quashed at this stage
Section 447 reads as
follows:
"447. Punishment for criminal trespass.--Whoever
commits criminal trespass shall be punished with
imprisonment of either description ... rupees, or with both."
Section 447 deals with punishment for criminal trespass and directs
that whoever commits criminal trespass shall be punished. Section
such
allegations, the impugned complaint inter alia alleging an offence of
Criminal trespass had been registered.
3. Learned Advocate Mr. Ramanuj on behalf ... complainant filed the present impugned complaint inter alia alleging the
Criminal trespass.
Page 7 of 19
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further submitted that Section 441 of the IPC
defines criminal trespass. It is submitted that every trespass does
Patna High Court ... instead
of charging her for criminal trespass and inapplicable provisions
of the IPC, the Act of 1946 and the Act of 2005.
It is submitted
restraint. Section 442
defines what is house- trespass and reads as follows:
442. House-trespass.--Whoever commits criminal
trespass by entering into or remaining ... part of the
criminal trespasser's body is entering sufficient to
constitute house-trespass.
18. Section 442 deals with criminal trespass in any building
term house trespass. The succeeding sections are the variations of the criminal trespass
defined in s. 441 and are punished as per the requirements ... Section 442 IPC defines house trespass. Section 442 IPC reads as under:
" Section 442 . House trespass: Whoever commits criminal trespass by entering into
specified. It is discernible from
CRL.MC NO. 1560 OF 2014,
CRL.REV.PET NO. 1774 OF 2014 &
CRL ... case that the properties were
CRL.MC NO. 1560 OF 2014,
CRL.REV.PET NO. 1774 OF 2014 &
CRL
house trespass, criminal trespass has to be proved.
House trespass is described under Section 442 IPC, which reads:-
"Whoever commits criminal trespass by entering ... property, is said to commit
"house-trespass".
20. House trespass also includes criminal trespass, which is described under
Section 441 IPC, which reads
