Section 441 Indian Penal Code

Section 441 of the Indian Penal Code 1860 is about Criminal trespass. It is under ‘Of Criminal Trespass’ of CHAPTER XVII (OF OFFENCES AGAINST PROPERTY) of the Code.

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]