Penal Code

and Case Laws

on Criminal
Trespass
Presented by:
• Rehnuma Tabassum Munami • ID: 20212105035

• Md. Noman Mollah • ID: 20212105015

• Fahmida Islam Shikha • ID: 20212105023

• MD. Sajeeb • ID: 20212105019

Course Code: LAW 631
Course Title: Penal Code Part-I

• Intake: 43
• Section: 01
• Department: Department of Law and
Justice
What is 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.
Types of criminal
trespass
1.House-trespass: This is the most serious type of criminal trespass. It
occurs when the accused enters or remains in a building, tent, or vessel
used as a human dwelling or as a place for worship or for the custody of
property.

2. Lurking house-trespass: This occurs when the accused commits house-

trespass after taking precautions to conceal the trespass from some
person who has a right to exclude or eject the trespasser from the
building, tent, or vessel.

3. Lurking house-trespass by night: This occurs when the accused commits

lurking house-trespass after sunset and before sunrise.
4.Other types of criminal trespass: There are other types of criminal
trespass, such as trespass on enclosed lands, trespass on Government
property, and trespass on railways.
Elements of
criminal trespass

The specific elements of criminal

trespass can vary slightly
depending on the jurisdiction, but
generally, the following elements
are involved:
1. Unlawful entry
The first element of criminal
trespass is the unauthorized entry
onto someone else's property. This
can include physically entering a
property without permission, such
as by climbing over a fence or
opening a locked door.
Elements of
criminal trespass

2.Remaining unlawfully

In addition to the initial unlawful

entry, remaining on the property
without permission is also
considered trespassing. This
means that even if someone
initially had permission to enter
the property but overstays their
welcome or continues to stay
without permission, they can be
charged with criminal trespass.
Trespass with intent to
commit an offence
Trespass with intent to commit an offense, also
known as "trespass with criminal intent" or
"aggravated trespass," refers to the act of
unlawfully entering or remaining on someone
else's property with the specific intention of
committing a crime while inside. The individual
must have a specific intent to commit an offense
while on the property. This means they have
premeditated or planned to engage in criminal
activity once inside, such as theft, vandalism, or
assault.
Trespass to intimidate,
insult, or annoy
Trespass to intimidate, insult, or annoy involves
unlawfully entering or remaining on someone
else's property with the purpose of intimidating,
insulting, or causing annoyance to the property
owner or occupant. The individual must have a
specific intent to intimidate, insult, or cause
annoyance to the property owner or occupant.
This can involve actions or behaviour intended
to frighten, threaten, humiliate, provoke, or
disturb the peace of the occupant.
Trespass after lawful
entry
Trespass after lawful entry, referred to as
"remaining unlawfully" or "unlawful occupation,"
occurs when an individual legally enters
someone else's property but then remains on
the property without authorization or
permission. This can involve situations where a
person initially had lawful entry or permission to
be on the property but then overstays their
welcome or continues to occupy the property
after their permission has been revoked.
Factors that can make an entry unlawful

1.Lack of consent from

the property owner
2. Failure to have a lawful
purpose for entering the
property
3. Entering the property in
a way that is likely to
cause alarm or annoyance
Lack of consent from the
property owner

The lack of consent from the property owner is a

critical element in cases of trespass. When discussing
trespass, whether it is criminal trespass or civil
trespass, the absence of consent from the property
owner or lawful occupant is a crucial factor. The
property owner or lawful occupant did not provide
consent or authorization for the person to enter or
remain on the property. Consent can be explicit, such
as through a verbal or written agreement, or implied
through the circumstances, such as when a business
opens its doors to customers during business hours.
Failure to have a lawful
purpose for entering the
property

If an individual enters someone's property with

the intention to commit a crime, such as theft or
vandalism, their lack of a lawful purpose can
elevate the offense to a more serious charge,
such as burglary. In this case, the absence of a
legitimate reason for being on the property can
be an essential element in establishing the intent
or motive behind the trespass.
In case of house trespass, the
intent must be to commit an
offence punishable with
imprisonment

The intent to commit an offence punishable

with imprisonment is a necessary element
for house trespass to be considered a
crime. This is the case in Bangladesh, for
example, where Section 448 of the Penal
Code states that "whoever commits house-
trespass with intent to commit an offence
punishable with imprisonment" is liable to
imprisonment for up to one year, or a fine,
or both.
Damaging a person's
property
Damaging a person's property can be considered either
criminal mischief or vandalism.
1. Criminal mischief is typically defined as intentionally
or recklessly damaging or destroying someone else's
property. The level of damage can range from minor to
severe, and the penalties can vary accordingly. In some
cases, criminal mischief may be a misdemeanour, while
in others it may be a felony.
2. Vandalism is typically defined as intentionally
damaging or destroying property for no apparent reason.
Vandalism is often considered a more serious offense
than criminal mischief, and the penalties can be more
severe. In some cases, vandalism may be a felony.
Threatening a person with violence
after trespassing
Threatening a person with violence after trespassing can
be considered an aggravated offense in Bangladesh. This means that
the punishment for the offense can be increased. The specific
penalties will depend on the specific circumstances of the case, such
as the severity of the threat, the offender's criminal history, and any
mitigating factors.
For example, if the threat is made to cause death or grievous hurt,
the offender could be sentenced to up to 10 years in prison. If the
threat is made to destroy property by fire, the offender could be
sentenced to up to 7 years in prison. And if the threat is made
anonymously or if the offender takes precautions to conceal their
identity, the offender could be sentenced to up to 5 years in prison.
In addition to criminal penalties, someone who threatens a person
with violence after trespassing may also be liable for civil damages.
This means that the victim of the threat may be able to sue the
person who made the threat and recover the cost of emotional
distress, medical expenses, and other damages.
Punishment for
criminal trespass

According to section 447,

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 taka, or with both.
Punishment for criminal
trespass
1.The punishment for criminal trespass depends
on the type of trespass committed.
2. House-trespass is punishable by imprisonment
for up to ten years.
3. Lurking house-trespass is punishable by
imprisonment for up to three years.
4. Lurking house-trespass by night is punishable
by imprisonment for up to two years.
5. Other types of criminal trespass are
punishable by imprisonment for up to one year.
Case references

• State vs. Mahbubul

Haque, 65 DLR (AD)
2013
• State vs. Abdul
Mannan, 62 DLR (AD)
2010
• State vs. Saiful Islam,
68 DLR (AD) 2016
• State vs. Rabiul Islam,
64 DLR (AD) 2012
Thank you for your attention. I
hope this slide deck has been
helpful.