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SECTION 447 IPC - Indian Penal Code - Punishment for criminal trespass
Last Updated: 01 Apr, 2024
By Advocate Chikirsha Mohanty
Table of Contents
Learn all about the punishment for criminal trespass under IPC Section 447. Find top lawyers on LawRato for the best legal advice.
According to IPC Section 447 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 five hundred rupees, or with both.
Civil trespass occurs when an individual enters another person's property without authorization. However, criminal trespass is deemed more serious, as it involves unlawful entry with a specific intention. The offender's intention plays a pivotal role in determining whether the offence qualifies as criminal trespass. This intention must be proven beyond a reasonable doubt for the offence to be punishable under IPC Section 447.
IPC 447 in Simple Words
If someone commits criminal trespass, they can be punished with imprisonment for up to three months, or a fine of up to five hundred rupees, or both.
What Is Criminal Trespass for The Purpose of IPC 447?
The definition of criminal trespass is defined in IPC 441 while its punishment is stated under IPC 447. The “Criminal Trespass” definition stated under IPC Section 441 attracts punishment under IPC 447.
Ingredients to Attract Offence under IPC 447
In determining 'criminal trespass' under IPC 447, certain criteria must be met. These include entry into movable or immovable property possessed by another individual with the intention of committing an offence, intimidating, insulting, or annoying the possessor. These elements define the offence, encapsulating the essence of unlawful entry and its associated intentions.
In the recent Supreme Court judgement, the SC clearly stated that the complainant (person who files a complaint) shall have no right to make a complaint under IPC Section 447 if the complainant does not have possession of the property.
You can get free legal advice related to your IPC 447 legal issue through the ‘free legal advice’ service on LawRato. For more information on IPC 447 and the best course of legal action, obtain the best-matched answers for your legal issue by using LawRato’s ‘ask a free question’ option.
Talk To A Lawyer
It’s crucial to have a lawyer defend you in a criminal case. Whether to make a complaint under IPC 447 or to defend yourself for criminal trespass, reach LawRato to find and hire expert criminal defence lawyers near your city.
Cited by
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Criminal trespass | 3 Months or Fine or Both | Cognizable | Bailable | Any Magistrate |
Offence : Criminal trespass
Punishment : 3 Months or Fine or Both
Cognizance : Cognizable
Bail : Bailable
Triable : Any Magistrate
Know what amounts to criminal trespass as per IPC Section 447. If you have been alleged for criminal trespass, immediately seek the best legal advice answered by top-rated lawyers using LawRato.
Criminal trespass is punishable by imprisonment for up to three months or a fine of up to 500 rupees.
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Frequently Asked Questions
What is Section 447 of the Companies Act?
Section 447, Companies Act of 2013, provides for a punishment for fraud. Fines not less than or equal to the amount of the fraud, but can go up to three times that amount. 4 May 2023
What is the IPC section for trespassing?
Section 441, IPC, defines criminal trespass as: entering into or on property owned by another person, with intent to commit an offense, intimidating, injuring, or annoying any person in possession.
