Crime Punishment
House trespass
Trespass is an area of tort law . Today we will discuss laws relating to house trespass.
Under section 442 of the Penal Code a person commits 'house trespass' if he
(1) commits criminal trespass,
(2) by entering into, or remaining in
(a) any building, tent, or vessel used as a human dwelling, or
(b) any building used (i) as a place for worship, or (ii) as a place for the custody of the property.
Explanation:- The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house trespass.
Punishment.-Imprisonment of either description for one year, or with fine which may extend to one thousand taka or with both.(section 448)
No offence under the section when there was no one in the house. In a charge under section 448, or house trespass with intent to cause wrongful loss and to intimidate the inmates, there should be a finding by the court below that the entrance was effected with the intention of causing any wrongful loss.( Madhushudan Shaha v.Jatindra Mohan 2 DLR 17)
Aggravated forms of house trespass.- The following are the aggravated forms of house trespass: (1) House trespass in order to the commission of an offence punishable with death Punishment: Imprisonment for life or with rigorous imprisonment for a term not exceeding ten years and fine. .(S. 449)
(2) House trespass in order to the commission of an offence punishable with imprisonment for life.
Punishment- Imprisonment of either description for 10 years and fine.(S.450)
(3) House trespass in order to the commission of an offence punishable for imprisonment.
Punishment. - If the offence intended to be committed be theft- imprisonment of either description for 7 years and fine. Otherwise Imprisonment of either description for 2 years and fine.(S 451)
(4) House trespass after preparation made for causing hurt, assault, or wrongful restraint to any person, or for putting any person in fear of hurt, assault, or wrongful restraint.Punishment.-Imprisonment of either description for 7 years and fine.(S.452).
Lurking house trespass: Lurking house trespass is a trespass after taking 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.(S.443)
Punishment. - Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. (S.453)
In the case of Illahi Baksh v.state (1959)n 11 DLR (wp) 131, it has been held that intention is the essence and gist of the offence of Lurking house trespass. Where intention is not proved, no offence of lurking house trespass or house trespass can be said to have been committed.
Source: Penal Code by L.Kabir.
