CrPC Section 447
Section 447 CrPC: Punishment for Criminal Trespass
Text of Section 447 CrPC:
"Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both."
Explanation:
What is Criminal Trespass?
Criminal trespass is entering or remaining on someone else’s property without permission or lawful authority.
It is usually an act of violating someone’s property rights, but not necessarily involving any further harm or damage.
Punishment prescribed:
Imprisonment (either simple or rigorous) for a maximum period of 3 months.
Or a fine up to Rs. 500.
Or both imprisonment and fine.
Important aspects:
The term “imprisonment of either description” means the court can decide to impose either simple imprisonment (non-hard labor) or rigorous imprisonment (hard labor).
The offence is considered cognizable and bailable (subject to specific circumstances).
Criminal trespass is a minor offence compared to theft or robbery but is still punishable to protect property rights.
Context & Legal Position:
Section 447 of the Criminal Procedure Code (CrPC) is often understood alongside Section 441 of the Indian Penal Code (IPC), which defines criminal trespass.
Section 447 CrPC specifically prescribes the punishment for criminal trespass.
The focus is on unauthorized entry or occupation of property.
Example:
If a person enters your house without your permission or refuses to leave your land after being asked, that person commits criminal trespass.
If caught and prosecuted, the court may impose imprisonment up to 3 months, or a fine, or both, under Section 447 CrPC.
Summary Table:
| Aspect | Details |
|---|---|
| Offence | Criminal Trespass |
| Nature | Unauthorized entry/remaining on property |
| Punishment | Imprisonment (up to 3 months) or fine (up to Rs. 500) or both |
| Type of imprisonment | Simple or rigorous |
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