Indian Penal Code, 1860
Section 441
repealedCriminal 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”.
Why this exists
Property rights include the right to control who is on your land or in your premises. This section protects that right by making it a crime to intrude, or to overstay a welcome, with a bad motive, even if no further crime is committed. It recognises that unwanted, hostile intrusion onto someone's property is itself harmful, whether or not physical damage or theft follows.
Common misconceptions
- Myth: Criminal trespass only happens if you break a lock or force your way in.
Fact: Even lawfully entering and then refusing to leave, or entering openly but with a bad intention, can count as criminal trespass.