Section 441 in Indian Penal Codes

Title: Criminal trespass

Description: 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 (Orissa) —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 unauthorised possession or making unauthorised use of such property and fails to withdraw 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 have commit “criminal trespass.“ [Vide Orissa Act 22 of 1986, sec. 2 (w.e.f. 6-12-1986)]. Uttar Pradesh.—For section 441, substitute the following:— “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 and person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains therewith intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, or, having entered into or upon such property, whether before or after the coming into force of the Criminal Law (U.P. Amendment) Act, 1961, with the intention of taking unauthorised possession or making unauthorised use of such property 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 upon him, by the date specified in the notice, is said to commit “criminal trespass”. [Vide Uttar Pradesh Act 31 of 1961, sec. 2 (w.e.f. 13-11-1961)]

Title: House trespass

Description: Whoever commits criminal trespass by enter­ing into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit “house-trespass”. Explanation.—The introduction of any part of the criminal tres­passer’s body is entering sufficient to constitute house-trespass.

Title: Lurking housetrespass

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

Title: Lurking housetrespass by night

Description: Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit “lurking house-trespass by night”.

Title: House breaking

Description: A person is said to commit “house-breaking” who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter de­scribed; or if, being in the house or any part of it for the purpose of committing an offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say— (First) —If he enters or quits through a passage by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass. (Secondly) —If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has ob­tained access by scaling or climbing over any wall or building. (Thirdly) —If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened. (Fourthly) —If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass. (Fifthly) —If he effects his entrance or departure by using crimi­nal force or committing an assault or by threatening any person with assault. (Sixthly) —If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass. Explanation.—Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section. Illustrations (a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This is house-breaking. (b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking. (c) A commits house-trespass by entering Z’s house through a window. This is house-breaking. (d) A commits house-trespass by entering Z’s house through the door, having opened a door which was fastened. This is house-breaking. (e) A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking. (f) A finds the key of Z’s house door, which Z had lost, and com­mits house-trespass by entering Z’s house, having opened the door with that key. This is house-breaking. (g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by entering the house. This is house-breaking. (h) Z, the door-keeper of Y, is standing in Y’s doorway. A com­mits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.

CHAPTER 17 OF OFFENCES AGAINST PROPERTY