true import of Section 522 of the Code of Criminal Procedure read with Section 441 of the Indian Penal Code. A number of decisions ... Code of Criminal Procedure in the context of the offence under Section 456 of the Indian Penal Code. I must start with Section 441
convicted the
accused under Section 447 IPC and Section 3 of the Explosive
Substance Act. Section 447 IPC says about ... punishment for
criminal trespass. The criminal trespass defined in Section 441
IPC. Section 441 IPC says whoever enters into or upon
prosecution to prove each and every ingredient of
section 441 IPC, however, prosecution has failed in his duty.
On the other hand ... complainant has committed the
offence punishable under section 448 IPC.
Section 441 IPC defines "criminal trespass". It reads
Kiran Devi & Others FIR No. 78/10 PS: Bindapur 7
Section 441 IPC Criminal Trespass :- Whoever enters into or upon property ... accused persons have committed
criminal trespass within the meaning of Section 441 IPC, the prosecution must
prove the following ingredients :-
a.) The property
Section 448 IPC provides punishment for offence of house
trespass which is defined u/sec 442 IPC . Section 442 IPC ... said to commit
house trespass. Criminal trespass has been defined u/sec 441 IPC . Section
441 IPC provides that whoever enters
been registered against the accused under
Section 447 IPC.
14. Sections 441 and 447 IPC read as follows:
"441. Criminal ... within the meaning of section 141 of the Indian Penal Code. In order
to satisfy the conditions of section 441 it must be established that
case may be within the meaning of Section 441 of the Indian Penal Code."
A bare reading of the aforesaid Section makes it abundantly ... have committed an offence within the meaning of Section 441 of the Indian Penal code. This section is not a carta blanka for any person
favour of the accused for offences under Sections
447 / 34 of the IPC. Section 441 of the IPC defines the offence ... which the punishment is provided under Section
447 of the IPC. For facility of reference Section 441 of the IPC
Section 448 IPC provides punishment for house-trespass
which is defined under section 442 of the IPC which states that
"whoever ... observed that;
On a plain reading of the penal provisions
contained in Section 441 of the Code
referred above , it is crystal clear that before
beginning.
20. Section 448 IPC provides punishment for house trespass which is
defined under section 442 IPC. Section 441 IPC ... forcibly dispossessed the complainant after trespassing
in her property and thus, section 448 IPC is attracted.
22. Besides that, the front door
