“CRIMINAL TRESSPASS”

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILLMENT OF THE COURSE

TITLED-

“CRIMINAL LAW- I”

SUBMITTED TO- SUBMITTED BY-

Ms. Preety Anand , NAME: RAJU KUMAR

Assistant Professor (Law). COURSE: B.A, LL.B (Hons.)

ROLL NO- 2141

Year- 2nd

SEMESTER- 3rd

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA-800001

INTRODUCTION
Criminal Trespass is constituted as a criminal offence under section 441 of the Indian Penal code,
1860. Section 441 of the IPC, 1860 states that, Criminal trespass— “Whoever enters into or upon
property in the possession of another 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 thereby to intimidate, insult or annoy any such
person, or with intent to commit an offence, is said to commit “criminal trespass”.

Criminal trespass has been covered under section 441 to 462 of Indian penal code, 1860. In this
paper the researcher will talk about the criminal trespass in depth, which includes the introduction
of the concept of Criminal trespass. Furthermore, the researcher will also deal with the object of
making criminal trespass as a criminal offence. Moreover, the researcher will dealt with the kinds
of criminal trespass. Furthermore, the researcher will deal with the kinds of Criminal trespass.
Moreover, the researcher will try out to find the essential ingredients of the criminal trespass. The
researcher will try to deal with the different punishments awarded to those trespassers. Last but
not the least the researcher will try to find out the different defenses available to the accused. These
questions assume importance for discussion and thus this paper will be an attempt to answer these
questions by analyzing these laws and judgments announced by the various courts. In the last, the
researcher will give his own opinion on this burning topic of Criminal trespass.

AIMS AND OBJECTIVE-

This research paper aims to study about the Criminal trespass, about the concept of Criminal
trespass. What are the laws which deals with the criminal trespass? What was the object of making
criminal trespass as a criminal offence? This research paper aims to find out what are the different
types of criminal trespass. Furthermore, the researcher also aims to study about the different
punishments awarded to the trespassers. The aim of this paper is also to study about the different
defenses available to the accused.
HYPOTHESIS
‘Hypothesis’ is derived from two words: ‘hypo’ means ‘under’, and ‘thesis’ means an ‘idea’ or
‘thought’. Hence, hypothesis means an ‘idea’ underlying a statement or a proposition.

The researcher presumes that “Criminal trespass is a serious offence and it must be penalized”

RESEARCH METHODOLOGY
Approach of Research:-

In this paper, doctrinal research has been used. Doctrinal research is a research in which secondary
sources are used and materials are collected from libraries, achieves etc. Books, websites were
used while making this project.

Type of Research:-

Explanatory type of research is used in this project, because the project topic was relatively un-
researched and also because various concepts were needed to be explained.

Sources of Data Collection:-

Secondary source of data collection was used which involves in collection of data from books,
websites, etc. No surveys or case studies were conducted.

RESEARCH QUESTIONS:-

1. What is criminal trespass?

2. What is the concept of criminal trespass?

3. What is the object of making criminal trespass as a criminal offence?

4. What are the different kinds of criminal trespass?

5. What are the different provisions, which deals with the Criminal trespass?
6. What are the different punishments awarded to the trespassers?

7. What are the different defenses available to the accused?

TENTATIVE CHAPTERIZATION
1. Introduction.

2. Meaning and object of making criminal trespass as a criminal offence.

3. Essential ingredients of criminal trespass.

4. Punishments

5. Defenses available to the accused.

6. Conclusion

7. Bibliography.