IPC Section 441
Section 441 – Criminal Trespass
This section deals with criminal trespass, which is entering someone’s property or land without permission with the intent to commit an offence or intimidate, insult, or annoy the person in possession.
Main Provisions
Who commits criminal trespass?
A person enters or remains in someone else’s property (land, house, building, or place) without the owner’s or lawful possessor’s permission.
Intent Required
The entry must be with one of the following intentions:
To commit an offence, or
To intimidate, insult, or annoy the person in possession of the property.
Property Covered
Can be movable or immovable property, including:
Land
House
Building
Any enclosed area
Purpose of the Law
To protect a person’s right to property and possession.
To prevent people from entering someone else’s property with bad intentions.
Example
Suppose Rahul enters Ramesh’s house without permission intending to scare him.
Even if Rahul does not steal anything, he has committed criminal trespass under Section 441 IPC, because his entry was without consent and with intent to intimidate.
Connection with Other Sections
Section 442 IPC: Defines house trespass, which is a more serious form of criminal trespass involving a building used for human dwelling.
Section 443 IPC: Provides punishment for criminal trespass (simple imprisonment or fine).
✅ In short:
Section 441 IPC defines criminal trespass as entering or staying in someone’s property without permission, intending to commit an offence, or to intimidate, insult, or annoy the person in possession.
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