Is it a criminal or civil

V. G. KRISHGOPI (Querist) 15 November 2013 This query is : Resolved
Dear sir/madam,
if a person pulls the demarcation stone of the land and encroaches the land, is it a criminal or civil offence, pls guide me. what are the action to be taken against him. pls guide...

thanking you
V G Krishgopi

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R.K Nanda (Expert) 15 November 2013
state full facts.

BAALASUBRAMANNYAMM (Expert) 15 November 2013
"encroaches the land" becomes a civil nature, as you are loosing the land. if "he" wants to encroach your land, he has to "pull"the demarcated stones. simple.

Ms.Nirmala P.Rao (Expert) 15 November 2013
It could be both civil as well as criminal in nature depending on the facts and circumstances. it's a tort as well as crime. If it is a trespass on the property of another person with intent to commit an offence under IPC or criminal intimidation, insult or annoyance etc within the meaning of section 441 of IPC etc it's a criminal trespass.If you wish to thank me for this reply please click the thank you button on my profile.

Sudhir Kumar, Advocate (Expert) 15 November 2013
agreed with Ms Nirmala Rao.

If you wish to thank her for this reply please click the thank you button on her profile.

Advocate Bhartesh goyal (Expert) 15 November 2013
Act of person comes under both civil and criminal law.He can be prosecuted for the offence of trespass in another's property with the intention to encroach the same simultaneously a civil suit can be filed to remove the encroachment.

Rajendra K Goyal (Expert) 15 November 2013
Academic query, state full facts.

Nadeem Qureshi (Expert) 15 November 2013
Ms. Rao is rightly advise

V. G. KRISHGOPI (Querist) 16 November 2013
Thank You Ms.Rao,

The local police refuses our complient against him & they its only a civil offence by geting bribe from them. what to do?

ajay sethi (Expert) 16 November 2013
file complaint before magistrate under section 156(3)to direct cops to investigate the commission of an offence .
contact a local lawyer

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