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CHAPTER XVII OF OFFENCES AGAINST PROPERTY · Of criminal trespass

Section 441: Criminal trespass

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

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”.

State Amendment (as printed in the official text)

Orissa

Amendment of section 441.-In the Indian Penal Code, 1860 (45 of 1860), for section 441, the following section shall be substituted, namely:—

“441.Criminal trespass.-Whoever enters into or upon property in 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.

Or having lawfully entered into or upon such property, remains there with the intention of taking unauthorized possession or making unauthorized use of such property and fails to withdraw from such property or its possession or use, when called upon to do so by that another person by notice in writing, duly served on him,

Is said to commit criminal trespass.”

[Vide Orissa Act 22 of 1986, s. 2]

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

441. Criminal trespass.BNS 329 (1)

Questions on this section

1 question in 3 of our papers cite Section 441. Try these from the free papers:

  1. 1. In Mathri v. State of Punjab (1964), the Supreme Court held that, to establish criminal trespass on the ground that an entry was made with intent to annoy, intimidate or insult the person in possession:

Practise questions on Criminal Law