A having shot at a rabbit near P’s land, followed it to P’s land, with the intention of taking away the killed rabbit…..  Has A committed the offence of `Criminal trespass’ by entering P’s premises?

Question: A having shot at a rabbit near P’s land, followed it to P’s land, with the intention of taking away the killed rabbit. A was asked not to enter P’s premises.

A entered P’s premises to take the rabbit and did take it away. He did nothing else on P’s land. P then charged A with criminal trespass. Has A committed the offence of 'Criminal trespass’ by entering P’s premises? [H.R.J.S. 2003]

Find the answer to the mains question only on Legal Bites. [A having shot at a rabbit near P’s land, followed it to P’s land, with the intention of taking away the killed rabbit….. Has A committed the offence of 'Criminal trespass’ by entering P’s premises?]

Answer

Section 441. 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”.

The first limb refers to an entry into a property in the possession of another with the intention to commit an offence or to intimidate, insult or annoy the person in possession and the second to the remaining in possession having lawfully entered into the property with the intention of intimidating, insulting or annoying the person in possession of such property, or with the intention of committing an offence.

Thus, the essence of the offence of criminal trespass lies in an unauthorised entry or unlawful retention of the lawful entry with the intention to commit an offence or to intimidate, insult or annoy the person in possession of the property.

The essential ingredients of criminal trespass are:

1. entry into or upon property in the possession of another;
2. if such entry is lawful, then unlawfully remaining upon such property;
3. such entry or unlawful remaining must be with intent:
4. to commit an offence; or (b) to intimidate, insult or annoy the person in possession of the property

For conviction under this section, the intent of the accused is essential. As the trespass may not be criminal if the accused do not possess the intention to ‘commit an offence or to intimidate, insult or annoy any person in possession of such property. Thus the objective of the act done by the accused must be driven by his criminal intention.

The prosecution is required to prove this intention of the accused in the court of law, the absence of which, conviction is impossible under this section.

Therefore, in the present case, when A followed to P’s land, with the intention of taking away the killed rabbit and without the consent of P entered into P’s premises to take the rabbit and did take it away and did no offence on P’s land.

So, the intention of A to enter into P’s premises was not appended with any intention to commit an offence and hence he shall not be liable for criminal trespass under Section 441, IPC.

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