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Section 441 – Indian Penal Code (IPC)

 

Indian Penal Code (IPC)

 

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

 

Orissa

 

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 unauthorised possession or making unauthorised use of such property and fails to withdraw 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 have commit “criminal trespass.“

 

[Vide Orissa Act 22 of 1986, sec. 2 (w.e.f. 6-12-1986)].

 

Uttar Pradesh

 

For section 441, substitute the following:—

 

“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 and person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains therewith intent thereby to 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 unauthorised possession or making unauthorised use of such property 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 upon him, by the date specified in the notice,

 

is said to commit “criminal trespass”.

 

[Vide Uttar Pradesh Act 31 of 1961, sec. 2 (w.e.f. 13-11-1961)].

 

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