Criminal Law Videos - IPC Section 441 (Criminal Trespassing)

IPC Section 441 defines criminal trespass. It states that whoever enters into or upon such property which is in the possession of another, with the intention to commit an offence or to intimidate, insult or annoy any person in possession of such property or after having lawfully entered into or upon such property, remains there unlawfully with the intention thereby to intimidate, insult or annoy any such person, or with the intention to commit an offence, is said to commit ‘criminal trespass’.

The section requires that the offender must enter into or upon property which belongs to another. His intention for doing so must be either to commit an offence or to intimidate, insult or annoy any person in possession of such property, or, after having lawfully entered into or upon such property he remains there with the intention thereby to intimidate, insult or annoy any person in possession of such property.

It is important to note that in the first part of the section the offender has the requisite intention when he enters into or upon another’s property, whereas in the latter part of it he has already got entry lawfully but remains there with the requisite intention. Thus intention at the time of entry or thereafter is material for determining liability for this offence.

Since the offence of criminal trespass is dependent on the intention of the offender, where the accused trespassed into the land of his neighbour and cut an embankment, which he would not normally have done, to save his property from being destroyed, it could be a case of civil trespass only.