Indian Penal Code 1860
Of Criminal Trespass :
Section 441 :
Criminal trespass:
(See section 329 of BNS 2023)
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.
State Amendment :
Uttar Pradesh :
For section 441, substitute the following :-
Section 441 :
Criminal Trespass :
Whoever enters into or upon property in 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 therewith intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence,
or, having entered into or upon such property, whether before or after the coming into force of the Criminal Law (U.P. Amendment) Act, 1961, with the intention of taking unauthorized possession or making unauthorized use of such property fails to withdraw from such property or tits possession or use when called upon to do so by that another person by notice in writing, duly served upon him, by the date specified in teh notice, is said to commit Criminal Trespass.
Orissa :
In the Indian Penal Code, 1860, for Section 441, the following section shall be substituted, namely :
“441. Criminal reasons :
Whoever enters into or upon property in 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 thereby to intimidate, insult or annoy any such person or with intent to commit an offence, or having lawfully entered into or upon such property, remains there with the intention of taking unauthorised possession or making unauthorised use of such property and fails to withdraw from such property or its possession or use, when called upon to do so by that another person by notice in writing, duly served to him, is said to commit criminal trespass.
[Indian Penal Code (Orissa Amendment) Act, 1986, Section 2 (w.e.f. 6th December, 1986].
