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Punishment for criminal trespass
Whoever commits criminal trespass shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $1,500, or with both.
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Criminal trespass
Whoever enters into or upon property in the possession of another with intent to commit an offence 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, insult or annoy any such person, or with intent to commit an offence, is said to commit criminal trespass .
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House-breaking
Whoever commits criminal trespass by entering into, or remaining in, any building, tent, container 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-breaking .
Explanation. —The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-breaking.
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Right of private defence of the body and of property
Every person has a right, subject to the restrictions contained in sections 98 and 106A, to defend —
his own body, and the body of any other person, against any offence affecting the human body;
the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
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Commencement and continuance of right of private defence of property
The right of private defence of property starts when the defender reasonably believes that there was a danger to property (either his own or that of any other person) arising from any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit such an offence.
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The right of private defence of property against theft continues till —
the offender has effected his retreat with the property;
the assistance of a public authority is obtained; or
the property has been recovered.
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The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint, or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.
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The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.
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The right of private defence of property against house-breaking continues as long as such house-breaking continues.
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When such right extends to causing any harm other than death
If the offence, the committing or the attempt to commit of which occasions the exercise of the right of private defence, is theft, mischief, or criminal trespass, not of any of the descriptions mentioned in section 105, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in sections 98 and 106A, to the voluntary causing to the wrongdoer of any harm other than death.
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... which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z 's hand, and carries it away. Here A , though he may have committed criminal trespass and assault, has not committed theft, inasmuch as what he did was not done dishonestly...
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House-breaking |
442. Whoever commits criminal trespass by entering into, or remaining in, any building, tent, container 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‑breaking”.
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