CRIMINAL TRESPASS

Q1. What is a criminal trespass? Define and discuss

criminal trespass in detail?

1.INTRODUCTION:
Trespass means to enter somebodys place without his consent. A
trespass may be of civil nature as well as it may be of criminal
nature. In criminal law, criminal trespass means to enter into the
place of another person without his consent, or in an unlawful way
with the intent to commit an offence. Pakistan Penal Code (1860)
defines criminal trespass and its types like house-trespass, housebreaking etc in detail.

2.RELEVANT PROVISIONS:
Following are the relevant provisions of Pakistan Penal Code (1860):
Sec. 441, 442, 443, 444, 445, 446, 447, 448, 453, 456.

3.MEANING OF CRIMINAL TRESPASS:

When a person enters to the property of another person without his
consent, or in an unlawful way, with the intent to commit an
offence.

4.CRIMINAL TRESPASS: (U/S 441 of PPC):

Whoever enters into or upon property in possession of another
person with intent to commit an offence, or to intimidate, insult or
annoy any person in possession of such property,
Or having lawfully entered into or upon such property, unlawfully
remains there with intent to intimidate, insult or annoy such person
or with intent to commit an offence is said to commit criminal
trespass.

5.FURTHER KINDS OF CRIMINAL TRESPASS:

Following are the further kinds of criminal trespass:

(i) House-Trespass.
(ii) Lurking House-Trespass.
(iii)
Lurking House-Trespass by night.
(iv)
House-Breaking.
(v) House-Breaking by night

i.House-Trespass: (U/S. 442 of PPC):

Whoever commits criminal trespass by entering into or remaining in
any building, tent or vessel which is used for human dwelling or any
building which is used as a place of worship, or as a place of
custody of property is said to commit house-trespass.

ii.Lurking House-Trespass: (U/S. 443 of PPC):

Whoever commits house-trespass having taken precautions to
conceal such house-trespass from some person who has the right to
exclude or eject the trespasser from the building, tent or vessel
which is the subject of trespass, is said to commit lurking housetrespass.

iii.Lurking House-Trespass By Night: (U/S. 444 of PPC):

Whoever commits lurking house-trespass after sunset and before
sunrise is said to commit lurking house-trespass by night.

iv.House-Breaking: (U/S. 445 of PPC):

A person is said to commit house-breaking who commits housetrespass if he effects his entrance into the house or any part of it, or
if being in the house or any part of it for the purpose of committing
an offence or having committed an offence, if he quits the house or
any part of it in the following six ways:
Firstly, if he enters or quit through the passage made by himself or
by any abettor.
Secondly, if he enters or quit through the passage not intended by
any person other than himself or abettor of the offence for example:
scaling or climbing over wall.
Thirdly, if he enters or quits through any passage which he or any
abettor has opened it, in order to commit the house-trespass.

Fourthly, if he enters or quits by opening any lock.

Fifthly, if he enters or quits by using criminal force or by
threatening.
Sixthly, if he enters or quits through any passage fastened against
the entrance and exit.

v.House-Breaking By Night: (U/S. 446 of PPC):

Whoever commits house-breaking after sunset and before sunrise is
said to commit house-breaking by night.

6.PUNISHMENTS:
Following are the punishments which are prescribed for the above
mentioned offences, under different provisions of Pakistan Penal
Code (1860):

i.Punishment For Criminal Trespass: (U/S. 447 of PPC):

Whoever commits criminal trespass, shall be punished with
imprisonment of either description for a term which may extend to 3
months, or with fine which may extend to 1500 Rs., or with both.

ii.Punishment for House-Trespass: (U/S. 448 of PPC):

Whoever commits house-trespass, shall be punished with
imprisonment for a term which may extend to 1 year, or with fine
which may extend to 3000 Rs., or with both.

iii.Punishment For Lurking House-Trespass or HouseBreaking:

(U/S. 453 of PPC):
Whoever commits lurking house-trespass or house-breaking, shall
be punished with imprisonment of either description for a term
which may extend to 2 years, and shall also be liable to fine.

iv.Punishment For Lurking House-Trespass or HouseBreaking By Night: (U/S. 456 of PPC):

Whoever commits lurking house-trespass by night or housebreaking by night, shall be punished with imprisonment of either
description for a term which may extend to 3 years and shall also be
liable to fine.

7.CONCLUSION:

PREPARED BY: PROF.YASIR NAZIR.

SHEHERYAR BAIG.