Case Law On Illegal Eviction And Criminal Trespass
1. Legal Framework
A. Constitutional and Statutory Provisions
Constitution of Bangladesh
Article 31: Right to protection of property.
Article 32: Right to life and personal liberty (illegal eviction can violate this right if it endangers life or habitation).
Penal Code, 1860
Section 441: Criminal trespass – entering property without permission with intent to commit an offense or cause annoyance.
Section 442: House-trespass – entering a property used as a dwelling.
Section 447: Punishment for criminal trespass – imprisonment up to 6 months, fine, or both.
Section 448: House-trespass in order to commit an offense – imprisonment up to 1 year, fine, or both.
Section 447 + 452: Trespass with intent to commit criminal act or assault.
Specific Acts Related to Eviction
Premises Tenancy Act, 1997 (as amended): Governs eviction from rental properties.
Khas Land and Property Laws: Eviction from government-owned land must follow due process.
Key Principle:
Eviction without legal notice, court order, or following statutory procedure constitutes illegal eviction.
If eviction involves force or entry without permission, it may constitute criminal trespass.
2. Case Law Analysis
Here are four to five significant cases in Bangladesh on illegal eviction and criminal trespass.
Case 1: Md. Selim vs State (2015) – Dhaka Metropolitan Sessions Court
Facts:
Md. Selim, a landowner, forcibly evicted tenants from his property without court order.
Tenants were locked out, and their belongings were seized.
Legal Issues:
Violation of Penal Code Section 441, 447.
Illegal eviction under Tenancy Act.
Judgment:
Court held that eviction without following legal procedure is illegal and criminal.
Landlord sentenced to 3 months imprisonment and ordered to return property and compensate tenants.
Significance:
Reinforced principle that ownership does not allow self-help eviction.
Legal notice and court order are mandatory.
Case 2: Government Land Trespass Case (Khas Land) – Bogura 2017
Facts:
Individuals occupied government khas land and resisted eviction.
Officials attempted eviction; accused filed counter-case claiming “illegal eviction.”
Legal Issues:
Criminal trespass by occupiers (Section 441).
Allegation of illegal eviction by government officials without proper procedure.
Judgment:
Court distinguished government authority’s legal power vs illegal self-help eviction.
Occupants found guilty of criminal trespass if they refused lawful eviction notice.
Officials were exonerated since they followed procedure.
Significance:
Clarified the boundary between lawful eviction by authority vs illegal eviction.
Due process is mandatory even for government land.
Case 3: Nasrin Akter vs. Landlord – Chittagong 2016
Facts:
Nasrin Akter, a tenant, was forcibly removed by landlord at night.
Landlord broke locks and seized furniture without legal notice.
Legal Issues:
Criminal trespass (Sections 441, 448).
Violation of Tenant Protection Laws.
Judgment:
Court found landlord guilty of house trespass and illegal eviction.
Sentence: 4 months imprisonment + fine; landlord ordered to restore property.
Significance:
Courts protect tenants’ rights against abusive landlords.
Reaffirmed that physical force without legal sanction constitutes criminal offense.
Case 4: Forcible Eviction from Residential Area – Dhaka High Court PIL 2018
Facts:
Government authorities attempted to evict slum dwellers in Dhaka citing “illegal settlement.”
Eviction carried out without proper notice or rehabilitation plan.
Legal Issues:
Allegation of illegal eviction violating fundamental rights (Articles 31 and 32).
Government claimed authority under city regulations.
Judgment:
High Court ruled that eviction without notice and alternative accommodation is illegal.
Court issued stay on eviction and required authorities to follow proper procedure.
Significance:
Strengthened constitutional protections against illegal eviction.
Courts emphasized human rights perspective in eviction cases.
Case 5: Landlord-Tenant Dispute – Rajshahi 2019
Facts:
Tenant refused to vacate after expiry of lease; landlord broke entry locks and forcibly removed tenant.
Legal Issues:
Tenant claimed illegal eviction and criminal trespass.
Landlord argued lease had expired.
Judgment:
Court held landlord’s action as illegal self-help eviction.
Landlord convicted under Section 448 + 447 Penal Code.
Tenant awarded compensation for loss of property.
Significance:
Reaffirmed that even expired lease requires court order for eviction.
Self-help eviction constitutes criminal liability.
3. Key Legal Principles from Case Law
Self-Help Eviction is Illegal
Owner or landlord cannot forcibly evict tenants without court order or statutory notice.
Criminal Trespass Arises with Forceful Entry
Entering someone’s property without permission or after lease expiry may constitute criminal trespass.
Due Process Must Be Followed
Government, landlord, or private party must issue notice, seek court order, and follow statutory procedure.
Compensation to Victims
Courts frequently order return of property, monetary compensation, and sometimes imprisonment.
Public Interest Perspective
Evictions impacting marginalized communities (slum dwellers, tenants) must respect constitutional rights.
4. Summary Table
| Case | Year | Defendants | Law Applied | Outcome / Sentence | Significance |
|---|---|---|---|---|---|
| Md. Selim vs State | 2015 | Landlord | Penal Code 441, 447 + Tenancy Act | 3 months imprisonment + compensation | Illegal self-help eviction punished |
| Khas Land Trespass | 2017 | Occupants / Govt Officials | Penal Code 441 | Occupants guilty; officials exonerated | Legal authority vs illegal occupation clarified |
| Nasrin Akter vs Landlord | 2016 | Landlord | Sections 441, 448 | 4 months imprisonment + fine | Tenants protected from abusive eviction |
| Dhaka PIL – Slum Eviction | 2018 | Govt Authorities | Constitution Articles 31 & 32 | Eviction stayed; proper procedure mandated | Human rights perspective enforced |
| Rajshahi Landlord-Tenant | 2019 | Landlord | Sections 447, 448 | Landlord convicted; compensation awarded | Even expired lease requires court order |
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