ipc presentation

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A PROJECT ON “STUDY ON CRIMINAL TRESPASS, LURKING, HOUSE-TRESPASS: ORIGIN EVALUATION AND DEVELOPMENT”

A PRESENTATION BY: SANJANA BHARADWAJ, V SEMESTER

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CRIMINAL TRESSPASS-ORIGIN

• Trespass originated in England in the thirteenth century as a general concept. • The main emphasis was on providing civil

remedies such as payment of damages or return of possession.• In the late fourteenth century, Parliament

adopted criminal statutes prohibiting forcible entry on real property. This legislative scheme was further developed in the next two and a half centuries.

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• First half of the eighteenth century a series of English cases explicitly recognized crime of criminal trespass• Increase in cases were because of the

existence of civil remedies for the tort of trespass; the availability of the legislation concerning forcible entry and detainer, which provided both a civil remedy and criminal sanctions; and the failure to remedy certain conditions.

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• The recognition of the crime of criminal trespass was complete by the time of the American Revolution.• Individual states adopted the common

law crime of criminal trespass.• Also adopted the prohibition of forcible

entry and detainer.

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Trespassing• Torts can be unintentional, like negligence, or

they can be intentional.• The main intentional torts are:

– Trespass to another person (assault and battery; false imprisonment)

– Trespass to land– Nuisance

• Trespass can be defined as being present or interfering with another’s property without that person’s consent or legal right.

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WHAT IS TRESPASS?• Intentional or negligent act of a

person which directly causes an injury to the Person or his /her property without lawful justification• The Elements of Trespass:

– fault: intentional or negligent act- injury must be direct– injury* may be to the Person or to his/her

property- No lawful justification

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*INJURY IN TRESPASS

• Injury = a breach of right, not necessarily actual damage•Trespass requires only proof of injury not actual damage.

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Trespass to Land• This includes throwing an object onto

someone’s land or bringing an object onto his or her land and then not removing it.• In rental situations, occupier or tenant

rights are enforced by provincial landlord and tenant laws, which prohibit landlords from entering tenants’ residences without their permission unless there is an emergency.

90ELEMENTS OF CRIMINAL

TRESSPASS

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Crime of Criminal Trespass A/C TO I.P.C.

• Defined under Section 441 of the Indian Penal Code.• The section requires—

1.Entry into or upon property in the possession of another.

2.Unlawfully remaining upon such property

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Crime of Criminal Trespass A/C TO I.P.C.

3. Such entry or unlawful remaining must be with intent—

•to commit an offence; or

•to intimidate, insult, or annoy any person in possession of the property.

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HOUSE TRESSPASS

What Constitutes Trespass to Land?

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HOUSE TRESSPASS

• In Halsbury's Laws of England; Volume 45 (Fourth Edition),

"Every unlawful entry by one person on land in the possession of another is a trespass for which an action lies, even though no actual damage is done.

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HOUSE TRESSPASS

• A person trespasses upon land if he wrongfully sets foot on it, rides or drives over it or takes possession of it, or expels the person in possession, or pulls down or destroys anything permanently fixed to it, or wrongfully takes minerals from it, or places or fixes anything on it or in it, or if he erects or suffers to continue on his own land anything which invades the airspace of another, or if he discharges water upon another's land, or sends filth or any injurious substance which has been collected by him on his own land onto another's land."

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TYPES OF TRESPASS I. TRESPASS BY RELATION•TRESPASS ON AIRSPACEII. TRESPASS BY PLACING THINGS ON LAND•TRESPASS BY WRONGFUL ENTRY•TRESPASS BY REMAINING ON LAND•TRESPASS TO SUBSOIL

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CASE ON HOUSE TRESSPASS• The Division Bench of the Bombay High

Court in Taj Mohamed Yakub v. Abdul Gani Bhikan has taken the view that a trespasser is included in the definition of `occupier' under Section 2(e)(v) of the Public Premises Act,1971

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TRESSPASS TO LAND (HOUSE TRESSPASS)

• The slightest crossing of the claimant’s boundary is sufficient to result in a trespass.- case of Ellis v Loftus Iron Co (1874) L.R. 10 C.&.P 10• Under Civil Law, Removing any part of

the land in the possession of another, or any part of a building or other erection attached to the soil are some examples.

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LURKING• “An ounce of prevention is worth a pound

of cure.” • Dictionary defines ‘Lurk’ as to hang out or

wait around a location.• Defined under Section 443 of the I.P.C.(i) House-trespass(ii) Made in Surreptitious Manner(iii) Concealment From Person Who has

Right to Exclude

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REMEDIES

•Ejectment•Recovery of Possession•Award of damages• Injunction• Imprisonment (Sec 448-461 of IPC

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CONCLUSION• Crime and the fear of crime lower the

quality of life for many people.• The traditional approach to crime

prevention has been to try to identify the psychological and social causes of crime and to attempt to remedy these deficiencies.• The escalating crime rate suggests that

this approach is not working.

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CONCLUSION• An alternative is 'situational crime prevention'.• Situational crime prevention aims to remove the

opportunity, and make the costs of a crime greater than the benefits. It includes various forms of target hardening to make the objects of crime less vulnerable defensible.• Can be done by way space architecture, which

encourages residents of an area to exercise control over their public spaces and keep intruders out; community crime prevention initiatives such as Neighbourhood Watch programs and citizens' patrols