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Essay On House Trespass

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Legal provisions regarding Meaning of House-trespass under section 442 of Indian Penal Code, 1860.
“The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house- trespass.”
House-trespass is treated as an aggravated form of offence of criminal trespass just as Section 380 makes theft in a building an aggravated form of theft.
The difference between criminal trespass as defined in Section 441 and house-trespass, as defined under Section 442 is that the offence of criminal trespass is committed when a person enters into or upon any ‘property’ of any one with intent to commit an offence or to intimate or to insult or to annoy him, while house trespass can only be used as a human dwelling or any place used for worshipping or as a place for the …show more content…

Meaning of lurking house-trespass:
Lurking house-trespass is an aggravated form of house- trespass. If criminal trespass is committed in a surreptitious manner, it is treated as lurking house-trespass. Lurking house- trespass means that the accused took some active means to conceal his presence. It requires the accused to have taken some steps to escape notice.
The essential difference between house-trespass and lurking house-trespass is that the person should take some active precautions or effective steps to conceal his identity or presence from the person who has a right to prevent that person from entry or who has a right to throw him out upon entry.
Section 443 requires the following ingredients—
i) Trespass (Section 441) ii) The trespass being of the special kind designated as house- trespass; and iii) That trespass being made in a surreptitious manner, called ‘lurking’.
The collocation of the words “exclude or eject” is intended to convey a sense more or less similar, but one word is intended to supplement any defect discovered in the sense conveyed by the

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