Section 441 IPC defines 'criminal trespass' as entry on property in possession of another:
Afor any commercial purpose, regardless of the lawful possessor's consent or refusal
Bby an outsider not residing within the State where the property is situated
Cwith intent to commit an offence, or to intimidate, insult or annoy any person in possession
Dwith permission of any third party, even if not the lawful possessor of the premises
Answer & Solution
Correct answer: C. with intent to commit an offence, or to intimidate, insult or annoy any person in possession
1. Section 441 IPC: '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.'
2. Two modes: (i) entering with criminal intent; (ii) lawfully entering and then unlawfully remaining with criminal intent.
3. House-trespass (Section 442) is criminal trespass into a building used as a human dwelling; lurking house-trespass (Section 443) and house-breaking (Section 445) are aggravated forms.
4. Mere unauthorised entry without criminal intent is civil trespass, not criminal.
5. Hence option B is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — IPC, Section 441_
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