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Can criminal trespassing is possible in joint property
28-Oct-2023 (In Criminal Law)
Sir i want to know about that can criminal trespaasing possible in joint property and if guilty hold in trail court then waht shoudl we do
No. joint owner being "owner" of every nook & corner of the said property, in his individual capacity, is not liable for Crl Tresspass - if police has lodged any FIR one may approach the High Court u/Article 226 for quashing of the same. And if trial is pending then u/S. 482 CrPC - and if trial is concluded then go for Crl Appeal b4 the Session Court.
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Adv. Sanjeeva Gupta
Panchkula | 25+ Answers
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Criminal trespass in Joint property would depend upon nature of trespass alleged. As per section 441 IPC Criminal Trespass is -- 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”.
So to commit criminal trespass your intent in very important. In case allegations is entering a dwelling joint house, with intent to commit some crime it can still be criminal trespass.
For more specific advice you may contact me.
So to commit criminal trespass your intent in very important. In case allegations is entering a dwelling joint house, with intent to commit some crime it can still be criminal trespass.
For more specific advice you may contact me.
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Adv. Vivek Nasa
Gurgaon | 200+ Answers
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