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Illegle trepass and get illeagle possession

(Querist) 05 February 2012 This query is : Resolved 
A leaving in city and settled in city with his family, in his native village A has his, father;s home, after his father died, a never go in his village, after some years, when a went to in village,his home, he came to know that, a unknow person intentionsuly brek the lock and door and take possesson the home and also valuable thing, A ask the unknown person about it but the unknown person not vacate the home, under this fact which section of ipc is applcable for said offence?
Arvind Singh Chauhan (Expert) 05 February 2012
427, 448 IPC.
ajay sethi (Expert) 05 February 2012
Section 441. 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


Section 447. Punishment for criminal trespass



Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both.


ajay sethi (Expert) 05 February 2012
Section 452 IPC imposes punishment for house trespass if the accused made preparation to cause hurt to any person or made preparation for assaulting or wrongfully restraining any person and other preparations with intention to cause annoyance to the victim otherwise
prabhakar singh (Expert) 06 February 2012
It is a criminal trespass.As it is house 448ipc is attracted.
prabhakar singh (Expert) 06 February 2012
questioner has not tated situation of 452ipc.


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