Please note that you do not need a sign board saying “TRESPASSERS WILL BE PROSECUTED” to use this right.
Section 442 – 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”.
To understand House Trespass we have to understand what a building is, Building means a structure which has got walls and a covered roof and is used as a living accommodation. A cattle enclosure held to be not a building.
LURKING HOUSE TRESPASS
Section 443 -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.
LURKING HOUSE TRESPASS BY NIGHT
Section444 -Whoever commits lurking house trespass after sunset and before sunrise, is said to commit “Lurking House Trespass by Night.
PUNISHMENT FOR HOUSE TRESPASS
Section 448 -Whoever commits house trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both(fine +imprisonment).
HOUSE TRESPASS IN ORDER TO COMMIT OFFENCE PUNISHABLE WITH DEATH
Section 449 – Whoever commits house trespass in order to the committing of any offence punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine.
HOUSE TRESPASS IN ORDER TO COMMIT OFFENCE PUNISHABLE WITH IMPRISONMENT FOR LIFE
Section 450 – Whoever commits house trespass in order to the committing of any offence punishable with imprisonment for life, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
So dear friends especially NRIs and for all those who have suffered frustration because someone has encroached on their property with wrong intentions these rights are available.
Know the law. Know your rights.
Adv Kiran T K