Define the offence of house trespass

Question: Define the offence of house trespass. [MPCJ 2010, UPCJ, 2003, Raj J 1976]

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Answer

Criminal trespass may be aggravated by the way in which it is committed; it may also be aggravated by the end for which it is committed.

There is no sort of property which is more desirable to safeguard against unlawful intrusion as the habitations in which men reside, and the buildings in which they keep their goods. The offence of trespassing on these places we designated as house-trespass and we treat it as an aggravated form of criminal trespass.

House-trespass, again, may be aggravated by being committed in a surreptitious or in a violent manner. The former aggravated form of house-trespass we designate as lurking house-trespass, the latter we designate as house-breaking. Again, house-trespass, in every form, may be aggravated by the time at which it is committed.

Trespass of this sort has, for obvious reasons, always been considered as a more serious offence when committed by night than when committed by day. Thus, we have five aggravated forms of that sort of criminal trespass which we have designated as house-trespass; lurking house-trespass; house-breaking; lurking house-trespass by night, and house-breaking by night.

Section 442 defines the offence of house-trespass, while section 448 stipulates the punishment thereof.

Section 442 defines House-trespass as: 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.

The offence of house-trespass is defined with reference to the offence of criminal trespass. Thus, the offence of house trespass must have all the ingredients of criminal trespass, including the intention to commit an offence, annoy, intimidate or insult the possessor of the property.

In addition to that, the only other essential ingredient required is that the property (building, tent or vessel) entered into or entered upon must be used as a human dwelling or a place of worship or a place for the custody of property.

However, the word ‘building’ does not have a fixed connotation. Therefore, a question of whether a particular structure is a ‘building’ or not and whether it is used as a human dwelling or as a place for the custody of property is a question of fact.

The explanation to the section states what amounts to entry, in order to constitute an offence of house-trespass. In order to remove any ambiguity as to what would amount to entry, the Explanation provides that ‘the introduction of any part of the criminal trespasser’s body’ into the property amounts to entry, sufficient to constitute an offence of house-trespass.’

Thus, putting a hand on the hole in the wall of a house is not trespass, but putting a hand through the hole is sufficient to constitute house-trespass

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