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Pravin Gangarde   14 May 2021

topsoil from a farm field is stolen by cousins

topsoil from our farm field is stolen by our distant cousins. what are the legal charges ? what are the IPC sections for this crime?


 4 Replies

Anuranjan Patel (Advocate)     14 May 2021

For stolen property, u may read section 410 of IPC and the punishment given in section 411 IPC which is imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     14 May 2021

1. File FIR at local Police Station.  Police will determine the type of offence under IPC and other Laws, during investigation & filing prosecution.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

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Sankaranarayanan (Advocate)     15 May 2021

File compliant with local police as suggested by experts

sneha jaiswal   15 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that:
The legal remedy that is available to you is that you can register your compliant under Section 441 of the Indian Penal Code. You can also claim for damages that is being occurred due to the criminal trespass. 
According to Section 441 of The Indian Penal Code, whoever enters into property in the possession of another with the intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into such property, but remains there with intent thereby to intimidate, insult or any such person, or with an intent to commit an offence, is said to commit ‘criminal trespass’.
There are two important ingredients to constitute an offence under Section 441 of the IPC, firstly entering into the property of another with criminal intent and secondly, entering lawfully but remaining in the property with a criminal intent to cause harm or annoyance or to commit an offence. Thus, these essential ingredients are necessary for committing Criminal trespass.

Section 447 of the Indian Penal Code deals with the Punishment for criminal trespass:
According to Section 441 of The Indian Penal Code, whoever commits criminal trespass shall be punished with imprisonment of either descripttion for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both”.
As per Section 441 of the IPC, it prescribes the punishment either for imprisonment which may extend to three months, or fine which may extend to Rs. 500 or both.

Hope it helps
Regards,
Sneha Jaiswal
 


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