Section 441.   [ View Judgements ]

Criminal trespass


Section 441. Criminal trespass

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

State of Uttar Pradesh:

For section 441, substitute the following: --

"441. Criminal Trespass:-- Whoever enters into or upon property in possession of another with intern to commit an offence or to intimidate, insult or annoy and person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains therewith intent thereby 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 its possession or use, when calls upon to do so by that another person by notice in writing, duly served upon him, by the date specified in the notice,

is said to commit "criminal trespass".

[Vide U.P. Act No. 31 of 1961, section 2 (w.e.f 13-11-1961)].

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