Criminal Trespass, House Trespass, House Breaking
Criminal Trespass – 441
- Enter into the property into the possession of another
- Intent to commit an offence
- Intent to intimidate, insult or annoy the other
- Lawfully entered but remained there unlawfully
House Trespass – 442
- Criminal trespass as defined in 441
- In a building, vessel or tent used as human dwelling
- In a building, vessel or tent used as place of worship
- In a building, vessel or tent used for custody of property
Lurking House-Trespass – 443
- A House Trespass defined in 443
- Precaution to conceal such house-trespass
House Breaking – 445
If the entrance is effected from any of the following 6 ways;
- Enter or quits through a passage made by himself
- Enter or quits through passage not intended for human entrance
- Passage which trespasser has opened himself to commit house trespass
- Enter or quits by opening any lock to commit house trespass
- Enter or quits by using criminal force or assault
- Opening passage which he knows the owner fastened against such entrance
Punishment of offences
- Punishment for criminal trespass – 3 year or fine (1000) or both – 447
- Punishment for House Breaking – 1 Year or fine (3000) or both – 448
- House Trespass to commit offence punishable with death; punishment up to IOL or up to 10 year – 449
- House Trespass in order to commit offence punishable with IOL; punishment up to 10 years – 450
- House trespass in order to commit offence punishable with imprisonment; punishment 2 year and for theft up to 7 year – 451
- House trespass after preparation for hurt, assault or wrongful restraint; punishment up to 7 year – 452
- Lurking House trespass or house-breaking; punishment up to 2 year – 453
- Lurking House trespass or house-breaking in order to commit offence punishable with imprisonment; punishment up to 3 year – 454
- Lurking House trespass or House-breaking after preparation for hurt, assault or wrongful restraint; punishment up to 10 year – 455
- Lurking house-trespass or house-breaking by night; punishment up to 3 year – 456
- Lurking house trespass or house-breaking by night in order to commit offence punishable with imprisonment; punishment 5 year, if theft up to 14 year – 457
- Lurking house trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint; punishment up to 14 year – 458
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