A Comprehensive Study On Law Relating To House Trespass
- IJLLR Journal
- Jun 18
- 1 min read
G. Aswini, School of Excellence in Law, TNDALU
ABSTRACT
This article examines the offence of house trespass by analyzing the statutory provisions and the role of judiciary in sculpturing the law relating to house trespass. A comparative study between the Indian Penal Code, 1860 and Bharatiya Nyaya Sanhita, 2023 relating to the offence of house trespass and the civil and criminal remedies available under the law. It draws the differences between house trespass and other forms of trespass. The present work further examines the relation between the offence of house trespass and other offences relating to body and property committed along with the offence of house
trespass, and the challenges thereto.
1. INTRODUCTION
According to Henry Maine "Possession means, contact with an object which involves the exclusion of other persons from the enjoyment of it." The acquisition and loss of possession has far-reaching importance since the consequences flowing from this are very substantial. Trespass means and implies unlawful or unwarrantable intrusion upon land. An act of entering the premises of another in excess of the permission granted to, is known as trespass. The offence of criminal trespass is directed towards protection of possession and not ownership. Chapter XVII Sections 329 to 334 of Bharatiya Nyaya Sanhita (herein after referred as BNS) offence of house trespass.
1.1 REVIEW OF LITERATURE
The action for damages in case of trespass, is themed from the maxim “trespass quare clausum fregit” which enables to obtain damages in case of unlawful entry upon another’s land.
