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Criminal Trespass Action On Intentional Damage Of Property
29-May-2023 (In Criminal Law)
As per law it torts, intentional damage of others property comes under the purview of Trespass. In tort, we can claim for damages but if we want to get an action under criminal trespass, what are the steps, is it possible. Secondly the definition of criminal trespass states that whoever enters into or upon means physical presence is must. Actually a man has been intentionally spilling water from his overhead tank installed at roof since long. Law of tort states it is trespass as it is deliberate and damaging the property, making dampness on the walls at roof, and is absolute liability. Please advise. I want the punishment of this guy under 441 IPC.
There are two remedies available to you first you can lodge a criminal complaint against the accused person which should culminate into the FIR secondly you can file injunction suit against that accused person you can avail both the remedy simultaneously . I request you to kindly send your question in detail so that I can guide you properly thank you
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Adv. Dev Yati
Delhi | 200+ Answers
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