Pakistan Penal Code PPC Notes

Pakistan Penal Code PPC Notes  Meaning of Tress Pass

Trespass is an unlawful act committed against the person or property of another, especially wrongful entry on another’s real property. If we generally speak what is trespass than simple answer for that would be an offences committed against the law of nature of society.Pakistan Penal Code PPC Notes

DEFINITION.

Section 441 of PPC defines the offence of Criminal Trespass

“It Says”

“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”.

Ingredients:

a. Entry upon property – Meaning of Property. Ownership

b. Un-lawfully remains there.

c. Intention.

(1) To commit an offence or – Other Than Trespass

(2) to intimidate, – Put in Fear by Show of force

(3) Insult or

(4) Annoy any person – Affecting any one

Sec 447.

PUNISHMENT FOR CRIMINAL TRESPASS.

imprisonment for a term which may extend to 3 months, or with fine which may extend to 500, or with both.

Sec 442 HOUSE-TRESPASS.

Whoever commits criminal trespass by entering into, or remaining in, any building, tent or vessel used as a human dwelling, or any building used as a place for worship or as a place for the custody of property, is said to commit “house-trespass”.

“Sufficient Entry – Entry of any part of the body trespassers constitutes H/T”

Ingredients

a. Commission of Criminal Trespass

b. By Entry into or Remaining in Human Dwelling – Meaning of Building.

Sec 448 PUNISHMENT FOR HOUSE-TRESPASS

imprisonment for a term which may extend to one year or with fine 1,000, or with both.

LURKING HOUSE-TRESPASS.

443. Whoever commits house-trespass, having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit “lurking house-trespass”.

Ingredients

a. Committing House Trespass

b. Taking Precaution to Conceal

c. Concealment from the Person

HOUSE-BREAKING.

445. A person is said to commit “house-breaking”, who commits house-trespass if he effects his entrance into the house or any part of it in any of the 6 ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of such 6 ways:

a. Enter or quit by passage made by himself.

b. By scalling or climbing over wall.

c. Passage Opened by himself

d. Opening any Lock

e. Using Criminal Force.

f. Fastened a Passage.

PUNISHMENT FOR LURKING HOUSE-TRESPASS OR HOUSE-BREAKING.

453 imprisonment for a term which may extend to 2 years, and shall also be liable to fine.

LURKING HOUSE-TRESPASS BY NIGHT. HOUSE-BREAKING BY NIGHT.

446. Whoever commits house-breaking after 7 p.m. and before 7 a.m., is said to commit “house-breaking by night”.

PUNISHMENT FOR LURKING HOUSE-TRESPASS BY NIGHT OR HOUSE-BREAKING BY NIGHT.

imprisonment for a term which may extend to 3 years, and shall also be liable to fine.

HOUSE-TRESPASS IN ORDER TO COMMIT AN OFFENCE PUNISHABLE WITH DEATH.

449. Whoever commits house-trespass in order to commit any offence punishable with death, shall be punished with imprisonment for life, or with imprisonment for a term not exceeding 10 years, and shall also be liable to fine.

HOUSE-TRESPASS IN ORDER TO COMMIT AN OFFENCE PUNISHABLE WITH IMPRISONMENT FOR LIFE.

450. Whoever commits house-trespass in order to commit any offence punishable with imprisonment for life, shall be punished with imprisonment for a term not exceeding 10 years, and shall also be liable to fine.

HOUSE-TRESPASS IN ORDER TO COMMIT AN OFFENCE PUNISHABLE WITH IMPRISONMENT.

451. Whoever commits house-trespass in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to 2 years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to 7 years.

HOUSE-TRESPASS AFTER PREPARATION MADE FOR CAUSING HURT, ETC.

452. Whoever commits house-trespass, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault, or of wrongful restraint, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.

LURKING HOUSE-TRESPASS OR HOUSE-BREAKING IN ORDER TO COMMIT AN OFFENCE PUNISHABLE WITH IMPRISONMENT.

454. Whoever commits lurking house-trespass or house-breaking in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine; and if the offence intended to be committed is theft, the imprisonment shall be for a term of not less than 18 months and not more than 10 years.

LURKING HOUSE-TRESPASS OR HOUSE-BREAKING AFTER PREPARATION MADE FOR CAUSING HURT, ETC.

455. Whoever commits lurking house-trespass or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and with caning.

LURKING HOUSE-TRESPASS BY NIGHT OR HOUSE-BREAKING BY NIGHT IN ORDER TO COMMIT AN OFFENCE PUNISHABLE WITH IMPRISONMENT.

457. Whoever commits lurking house-trespass by night or house-breaking by night, in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment shall be not less than 2 years and not more than 14 years.

LURKING HOUSE-TRESPASS OR HOUSE-BREAKING BY NIGHT AFTER PREPARATION MADE FOR CAUSING HURT, ETC.

458. Whoever commits lurking house-trespass by night or house-breaking by night, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment for a term of not less than 2 years and not more than 14 years and with caning.

PUNISHMENT FOR SUBSEQUENT OFFENCE UNDER SECTION 454 OR 457.

458A. Whoever, having been convicted of an offence under section 454, 455, 457 or 458, commits an offence under section 454 or 457 shall be punished with caning in addition to the punishment prescribed for that offence.

GRIEVOUS HURT CAUSED WHILE COMMITTING LURKING HOUSE-TRESPASS OR HOUSE-BREAKING.

459. Whoever, while committing lurking house-trespass or house-breaking, causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for a term of not less than 3 years and not more than 20 years and with caning.

LURKING HOUSE-TRESPASS BY NIGHT OR HOUSE-BREAKING BY NIGHT WHEN DEATH OR GRIEVOUS HURT IS CAUSED.

460. If, at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence voluntarily causes or attempts to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass by night or house-breaking by night, shall be punished with imprisonment for a term of not less than 3 years and not more than 20 years.

DISHONESTLY BREAKING OPEN ANY CLOSED RECEPTACLE CONTAINING OR SUPPOSED TO CONTAIN PROPERTY.Pakistan Penal Code PPC Notes

461. Whoever dishonestly, or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

PUNISHMENT FOR SAME OFFENCE WHEN COMMITTED BY PERSON ENTRUSTED WITH CUSTODY. Pakistan Penal Code PPC Notes

462. Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.

 

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