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Trespass is an unlawful interference with one’ s person , property or rights. At common law, trespass was a form of action brought to recover damages for any injury to one’s person or relationship with another. Section 441 to 456 of P.P.C deals with different kinds of trespass.
Kinds of Trespass with Relevant Provisions:
Following are the relevant provision of P.P.C
- Criminal Trespass
- Section 441 and 447 for Criminal Trespass.
- House Trespass
- Section 442 and 448 for House Trespass.
- Lurking House Trespass
- Section 443 and 453 for Lurking House Trespass.
1. CRIMINAL TRESPASS:
Criminal trespass is an offense that involves unlawfully entering or remaining on another person’s property without their permission or legal right to do so. In Pakistan, the provisions related to criminal trespass are outlined in the Pakistan Penal Code (PPC).
Section 441 of the Pakistan Penal Code defines criminal trespass. According to this section:
“Whoever enters into or upon property in the possession of another with intent to commit an offense 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 ڈرانا دھمکانا, insult or annoy any such person, or with intent to commit an offense, is said to commit “criminal trespass”.
Key Elements of Criminal Trespass:
Let’s delve into the key elements of criminal trespass in more detail, along with relevant examples:
Entering Into Or Upon Property:
This element involves intentionally entering onto or into a property that is in the possession of another individual. The property can include land, buildings, or any other type of property.
Example: Jameel climbs over the fence surrounding Mateen’s property and enters his backyard without her permission. This action constitutes the element of entering onto the property.
Lack Of Lawful Right Or Permission:
Criminal trespass occurs when the person enters or remains on the property without the lawful right or permission of the person in possession. If the person has obtained consent or has a legal right to enter the property, the offense of criminal trespass is not established.
Example: Sarah walks onto a public park during its operating hours. Since she has the lawful right to be on the property during that time, she is not committing criminal trespass.
The person must have a specific intent for their entry or remaining on the property. The intent may be to commit an offense, intimidate ڈرانا دھمکانا, insult, or annoy the person in possession of the property.
Example: Tom enters his neighbour’s backyard with the intent to steal valuable items from their shed. His purpose is to commit an offense, which fulfils the intent element of criminal trespass.
Right of Private Defence Against Criminal Trespass:
In case of criminal trespass, the right of private defence continues so long as the trespass continues and is controlled by section 99 of P.P.C Trespasser on property cannot claim right of private defence of his person unless he first brings to an end his own act of trespass.(PLD 1983 SC 135)
Punishment U/Sec 447:
Whoever commits criminal trespass shall be punished with:
i) Imprisonment of either description for a term which may extend to three months or
ii) With fine which may extend to RS. 1500, or
iii) With both
2. HOUSE TRESPASS U/S 442:
The key section pertaining to house trespass is Section 442 of the Pakistan Penal Code.
House trespass, also known as criminal trespass to a house, is an offense that involves unlawfully entering or remaining in someone else’s dwelling خانہ or residence without their permission or legal right to do so.
Key Elements of House Trespass:
The elements of house trespass can be outlined as follows:
Unlawful Entry or Remaining:
The offense of house trespass occurs when a person enters or remains in another person’s dwelling unlawfully. Dwelling refers to a place of residence such as a house, apartment, or any other building where a person resides.
Lack of Consent or Legal Right:
The entry or remaining in the dwelling must be without the consent of the person in lawful possession of the premises. If the person has obtained consent or has a legal right to enter the dwelling, the offense of house trespass is not established.
The intent requirement for house trespass is similar to that of criminal trespass. The person must have the intention to commit an offense, intimidate, insult, or annoy the person in lawful possession of the dwelling.
Ahmed, without the permission of the owner, enters Fatima’s house while she is at work and starts rummaging through her belongings. Ahmed’s entry into Fatima’s dwelling without her consent constitutes house trespass.
In this example, Ahmed unlawfully enters Fatima’s house without her permission, which violates the element of unlawful entry or remaining. As a result, Ahmed can be charged with house trespass.
Punishment U/Sec 448:
Whoever commits house trespass shall be punished with.
a. Imprisonment of either description for a term which may extend to one year, or
c. With fine which may extend to Rs. 3000. Or,
d. With both.
3. LURKING HOUSE TRESPASS:
Lurking house trespass, also known as criminal trespass by lurking, refers to the offense of unlawfully entering or remaining in someone else’s dwelling while attempting to conceal oneself or avoiding detection. In Pakistan, the provisions related to lurking house trespass are outlined in the Pakistan Penal Code (PPC).
The specific section that addresses lurking house trespass is Section 443 of the Pakistan Penal Code. According to this section:
“Whoever lurks or is found lurking, with the intent to commit any offense punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”
The Key Elements Of Lurking House Trespass
The key elements of lurking چھپا ہوا ہے house trespass can be outlined as follows:
Lurking or Found Lurking:
The offense occurs when a person intentionally hides or conceals themselves near or within another person’s dwelling. It can also apply if the person is found lurking, which means they are discovered in suspicious circumstances near the dwelling.
Intent to Commit an Offense:
The person must have the intent to commit an offense punishable with imprisonment. This means they have the intention to engage in unlawful activities while lurking near or within the dwelling.
Punishment U/Sec 453:
Whoever commits lurking house-trespass shall be punished with.
(i)Imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
Example: Ali hides in the bushes near Zainab’s house with the intention to break into the house and steal valuable items. Ali’s act of lurking near Zainab’s dwelling with the intent to commit an offense punishable with imprisonment constitutes lurking house trespass.
In this example, Ali intentionally conceals himself near Zainab’s house with the intention of committing a crime. His actions fulfill the elements of lurking house trespass under Section 443 of the Pakistan Penal Code.