Consequences of trespassing and damaging property as an act of revenge
17-Aug-2023 (In Criminal Law)
My relative had a problem with his previous house broker while leaving that house. That broker took 1 month rent(13000) as adavance which will be returned while leaving and 50% of rent (6500) as security deposit. But at the time of vacating house he gave only 12000(instead of 19500) saying that 6500 is brokerage for such house(my relative saw tolet on house and sopke with that person who later revealed that he is not the owner and acts as a mediator). The other 1000 is for cleaning house and electric bill.My relative constantly called him for 4-5 days. That broker started speaking rashly and denied to give money back. My relative was upset and thought he could not recover such amount. But a week after, in revenge to that, MY relative went in the night time to such house and damaged his two wheeler with scratches and tearing the seat cover. Nobody knows that my relative did that. But he is afraid that police might file fir and investigate using traffic cameras.????
Hi. ...if he got to know that your relative has damaged the vehicle then definitely he would have all ready reported the same thing to police but if still u r not received any notice from police u need not to worry.
Hi, Please go through the Law as stated below with regard to your query:
Section 441 of Indian Penal Code, 1860 which defines ‘criminal trespass’ as ‘Whoever enters into or upon property in 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 and unlawfully remains there.’ Intention is an element as ‘mens rea’ is important for an act to be criminal. Punishment for the same is provided under Section 447, which includes imprisonment for upto 3 months; fine upto Rs. 500 or both.
Hence, incase the police investigates the matter on the basis of traffic cameras then your friend will be in trouble for the offence committed. Let him consult an advocate at the earliest for quick resolution of the issue (be it out of court settlement or through legal process in the court of law).
Section 441 of Indian Penal Code, 1860 which defines ‘criminal trespass’ as ‘Whoever enters into or upon property in 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 and unlawfully remains there.’ Intention is an element as ‘mens rea’ is important for an act to be criminal. Punishment for the same is provided under Section 447, which includes imprisonment for upto 3 months; fine upto Rs. 500 or both.
Hence, incase the police investigates the matter on the basis of traffic cameras then your friend will be in trouble for the offence committed. Let him consult an advocate at the earliest for quick resolution of the issue (be it out of court settlement or through legal process in the court of law).
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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