Section 441. criminal trespass - impact + facts

This query is : Resolved 

06 July 2012

Hello Experts,

Being Aggrieved I want to know about following incidents with respect to section 441 – Indian Panel Code.

Incident 1: (One Person Involved)

A person (sister of my wife) entered into my mother home.
Threats to send my mother behind bar.
Insulted her in conversation.
With Loud Tone.

My mother being socked wasn’t being able to react. Stayed calm and complaint to me.

Incident 2: (Two Person Involved)

There was a quarrel due to physical harassment of wife on husband.
I called her Uncle (Mediator of Marriage) to make her understand and to stop her from screaming.
He came to my home along with another lady.
He threaten to abort the child and took wife away from my home.
The another lady insulted me by calling names.

Incident 3:

Her Uncle entered into my mother’s property without prior notice to show my mother’s House (bad intension) though he was being suggested to give prior intimation before visit to my mother’s place

Her Uncle switched on the fan and shouted during conversation. ( My Mother is old aged and He took advantage of that to keep her in fear)


I am very much aggrieved about above three incidents.

Give Your Opinion Please.

1) Can section 441 be made out for above three incidence?

2) What would be punishment to the person mentioned in above three incidents?

Shonee Kapoor (Expert)
06 July 2012

Yes, you can file a case of criminal trespass on these persons.

The outcome is not guaranteed.


Shonee Kapoor

Raj Kumar Makkad (Expert)
06 July 2012

No one has absolute and illegal pwer to obstruct and invervene in the private life of an individual. No one is permitted to insult an individual. You mother can very well file criminal case against all those persons.

Ms.Usha Kapoor (Expert)
21 June 2018

Ahggree with Raj Kumr Makkad.

Ms.Usha Kapoor (Expert)
21 June 2018

Agree with Raj Kumar Makkad.

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