CRIMINAL TRESPASS

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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 of such property or having lawfully entered into or upon such property unlawfully remains therewith intent thereby to intimidate, insult to annoy any such person or with intent to commit an offence is said to commit “criminal trespass”.

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’s body is entering sufficient to constitute house trespass.

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 subject of the trespass is said to commit “lurking house trespass”.

Whoever commits lurking house trespass after sunset and before sunrise is said to commit “lurking house trespass by right”.

A person is said to commit “house breaking” who commits house trespass if he effects his entrance into the house 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 therein, he quits the house or any part of it in any of such six ways, that is to say.–

  • if he enters to quits through a passage made by himself or by any abettor of the house trespass in order to the committing of the house trespass.
  • If he enters to quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance or through any passage to which he has obtained access by scaling or climbing over any wall or building.
  • If he enters or quits through any passage which he or any abettor of the house trespass has opened, in order to the committing of the house trespass by any means by which that passage was not intended by the occupier of the house to be opened.
  • If he enters or quits by opening any lock in order to the committing of the house trespass, or in order to the quitting of the house after a house trespass.
  • If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault.
  • If he enters or quits by any passage which he knows to have been fastened against such entrance or departure and to have been unfastened by himself or by an abettor of the house trespass.

Whoever commits house breaking after sunset and before sunrise, is said to commit “house breaking by night”.

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.

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 hundred rupees] or with both.

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 not exceeding ten years and shall also be liable to fine.

Whoever commits house trespass in order to the committing of any offence punishable with imprisonment for life shall be punished with imprisonment of either description for a term not exceeding ten years and shall also be liable to fine.

Whoever commits house trespass in order to committing of any offence punishable with imprisonment shall be punished with imprisonment of either description for a term which may to two years and shall also be liable to fine and if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.

Whoever commits house trespass having made preparation for causing hurt to any person or for assaulting any person or for wrongfully restraining any person or for putting any person in fear of hurt, or of assault or of wrongful restraint shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.

Whoever commits lurking house trespass or house breaking in order to the committing of any offence punishable with imprisonment shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine and if the offence intended to be committed is theft the term of the imprisonment may be extended to ten years.

Whoever commits lurking house trespass by night or house breaking by night shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.

Whoever commits lurking house trespass by night or house breaking by night in order to the committing of any offence punishable with imprisonment shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine if the offence intended to be committed is theft the term of the imprisonment may be extended to fourteen years.

One accused according to prosecution evidence was seem the place of occurrence armed with a pistol whereas other accused nominated by the complainant was seen landing in the street by scaling over the wall of the factory and they even had not furnished any convincing and cogent dismissed for their implication in the case. No evidence of murder of lady. Bail dismissed

Lurking house trespass or house breaking by night after preparation for hurt, assault or wrongful restraint, act so rashly and negligently as to endanger human life are personal safety of others hurt and zina-bil-jaber. Recovery of weapon of offence. Both the parcel along with recoveries of other short guns effected from the acquitted accused persons were sent together which had lost is credibility.

Whoever whilst committing lurking house trespass or house breaking, causes hurt to any person or attempts to commit qatl of or hurt to any person shall be punished with imprisonment for life or imprisonment of either description for a term which may extend to ten years and shall also be liable to the same punishment for committing qatl or causing hurt or attempting to cause qatl or hurt as is specified in chapter XVI of this code.

If at the time of the committing of lurking house trespass by night or house breaking by night any person guilty of such offence shall voluntarily cause or attempt to commit qatl of or hurt to any person every person concerned in committing such lurking house trespass by or house breaking by night shall be punished with imprisonment for life or with imprisonment of either description of a term which may extend to ten years and shall also be liable to the same punishment for committing qatl or causing hurt to attempting to cause qatl or hurt as is specified in chapter XVI of this code.

Whoever dishonestly or with intent to commit mischief breaks opens or unfastens any closed receptacle which contains or which he believes to contain property shall be punished with imprisonment or either description for a term which may extend to two years or with fine or with both.

Whoever being entrusted with any closed receptacle which contains or which he believes to contain property without having authority to open the same dishonesty or with intent to commit mischief, breaks open or unfastens that receptacle shall be3 punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

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