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Section 441: Criminal trespass

The Indian Penal Code, 1860Central Act · Act 45 of 1860

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nyaya Sanhita, 2023, with effect from 1 July 2024

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

Orissa

Amendment of section 441.--In the Indian Penal Code, 1860 (45 of 1860), for section 441, the following section shall be substituted, namely:--

"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 there 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 unauthorized possession or making unauthorized 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 on him,

Is said to commit criminal trespass."

[Vide Orissa Act 22 of 1986, s. 2]

Where this provision sits

ActThe Indian Penal Code, 1860
Section441
Marginal noteCriminal trespass
JurisdictionCentral
StatusRepealed
Judgments citing it16

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