Difference Between Criminal Trespass and House Trespass
🔹 Difference Between Criminal Trespass and House Trespass
| Basis | Criminal Trespass (Sec. 441 IPC) | House Trespass (Sec. 442 IPC) |
|---|---|---|
| Definition | Entry into or upon the property of another with intent to commit an offence, or to intimidate, insult or annoy the person in possession. | Criminal trespass committed into any building, tent, or vessel used as a human dwelling, or for custody of property. |
| Nature of Place | Can be any property (land, building, open space, garden, field, etc.). | Must be a building, tent, or vessel used for living or keeping property. |
| Essential Ingredients | 1. Entry into property of another. 2. Intention to commit offence / intimidate / insult / annoy. 3. Possession must be with another person. | 1. All ingredients of criminal trespass. 2. Entry must be into a house, tent, or vessel used for dwelling or property custody. |
| Gravity of Offence | Broader and more general offence. | A graver form of criminal trespass, since it involves violation of a person’s dwelling or private place. |
| Punishment | Sec. 447 IPC – Simple imprisonment up to 3 months, or fine up to ₹500, or both. | Sec. 448 IPC – Imprisonment up to 1 year, or fine up to ₹1,000, or both. |
| Examples | A enters B’s garden intending to annoy him. | A enters B’s house without permission with intent to commit theft. |
🔹 Case Laws
1. Mathri v. State of Punjab (AIR 1964 SC 986)
Facts: The accused forcibly entered the house of complainant claiming ownership.
Held: Even if a person claims ownership, if the possession is with another person, entry with intent to annoy/insult amounts to criminal trespass.
2. State of Maharashtra v. Tukaram S. Dighole (1997 Cr LJ 1983 Bom)
Facts: Accused entered into complainant’s house without consent.
Held: Since entry was into a dwelling house, offence amounted to house trespass under Sec. 442 IPC.
3. Lallu Yeshwant Singh v. Rao Jagdish Singh (AIR 1968 SC 620)
Principle: Possession, even if unlawful, is protected against trespass.
Held: A landlord cannot forcibly dispossess a tenant without due process of law; otherwise, it is criminal trespass.
4. K.K. Verma v. Union of India (AIR 1954 Bom 1092)
Held: Entry into office premises without authority and with intent to annoy amounts to criminal trespass.
5. R v. Jones (UK Case, 1972) (persuasive)
Entry into a dwelling without consent, even without physical harm, is treated more seriously as house trespass since it violates the sanctity of one’s home.
✅ Conclusion
Criminal trespass is the general offence of unlawful entry into another’s property with wrongful intent.
House trespass is a special and aggravated form of criminal trespass where the trespass occurs in a house, tent, or vessel used for dwelling or property custody.
Punishment for house trespass is higher because it directly violates the security of one’s home.
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