[Section 44 To 460, P.P.C.]
Landlord and tenant: A landlord who forcibly enters on land in possession of a tenant after the expiry of the lease and dispossesses him is guilty of criminal trespass even where the lease gives him the right of re-entry on its termination. PR No. 28 of 1878 Faujdar v. Emp. AIR 1943 Kar. 7 Abdul Hussain.
Owner of land armed with weapons went on land when no one else was there at that time and refused to vacate it when called upon to so do by a person who had no right to the land, it was held that the owner did not remain on the land unlawfully and was not guilty of criminal trespass. 24 Pat. 519 Adalat v. Emp.
Person annoyed: The person in possession to be annoyed must be on the premises otherwise there could be no criminal trespass. 47 All. 955 Moti Lal. Contra. Actual presence on premises of person annoyed is not essential to constitute offence. PLD 1959 Lah. 495 Ghulam Nabi.
Absence of owner at the time of criminal trespass is to be considered as criminal trespass in terms of proviso to section 441, PPC (DB) PLD 1982 Cr.C. (Kar.) 333. Sajan Das 1977 P.Cr.LJ 89 Distinguished.
Temporary absence of complainant from house: Held trespasser properly convicted under section 448, PPC PLD 1955 Dac. 70 Bishu Mukherjee v. Zaheer Khan.
Trespass when no intimidation, insult or annoyance is intended: A mere knowledge that he will annoy the owner is not sufficient. It must be shown that the intention of the accused was to intimidate, insult or annoy any person in possession. 43 Cr.LJ 755 AIR 1942 Mad. 533 Negi Reddy. v. Sanjiva Reddy. (S) PLD 1965 SC 640 Jane Alam.(SC) PLD 1964 SC 177 Shihab Din PLJ 1973 Lah. 264 Mahmood.
Mere entry without right: Every unlawful act is not necessarily an offence and mere entry without right upon another's land does not under the accompanying trespass a criminal trespass. 56 All. 33 Baldeva. Emp.
Bona fide claim: Particular intention must be proved. Entry made under a bona fide claim or right and refusal to quit is not necessarily criminal because annoyance would be natural consequence or refusal. (PC) PLD 1950 PC 119 Sinnasany v. King.
House abandoned. Property in dispute claimed under bona fide right as belonging to the accused. No intention to commit offence or to intimidate, insult or annoy complainant. No offence under section 448 committed. PLD 1952 Dac. 30 Ishaq Khalifa v. Crown. PLD 1963 Kar. 180 Mir Ali Mardan Khan.
Possession as lessee. Petitioner in possession of land as lessee for about 15 years. Petitioner is estopped from challenging title of lessor so long as he is in possession of that property. PLJ 1981 SC 310. Muhammad Ismail v. Malik Muhammad Tahir.
Complaint under section 448, P.P.C. can be filed by a landlord instead of the tenant in possession of the premises. PLD 1959 Kar. 345 State v. Muhammad Zaki.
Settled possession of trespasser. Trespasser in settled possession of land is entitled to defend his possession by force even against rightful owner unless evicted in due course of law. Stray or intermittant acts of trespass cannot give trespasser a right to possession against true owner. PLD 1965 Kar. 637 Raza Muhammad.
Possession under section 441 must be actual and not constructive. PLD 1954 Pesh. 111 Muhammad Ghulam v. Ghulam Sarwar Khan.
Entering on land to dispossess, held offence of Criminal trespass committed the moment the accused made entry. (SC) 1971 SCMR 25 Ibrahim.
Finding as to intention of the accused must be recorded by the Magistrate. Failure to record such findings however does not render conviction bad if evidence is sufficient to form basis of such findings. (SC) PLD 1985 SC 640 Jane Alam.
Common intention or common object not necessary. If one of the accused causes death or grievous hurt without the knowledge or even against the wishes of the co-accused, all the accused are guilty under section 460, PPC(DB) PLD 1952 Lah. 11 Mirza v. Crown.
Accused standing outside. When other co-accused commits house-breaking by night and one of them commits murder the accused standing outside the house is not liable under section 460 but he may be guilty section 456 or 457 by virtue of section 34 or 149. The other co-accused are punishable under section 460 as well as under section 302 or 325, PPC (DB) PLD 1954 Lah. 662 Nihala v. Crown.
Killing after house-trespass. After committing house trespass by night accused threw down a person from the roof into Courtyard causing his death. Held, offence under section 460 committed. (DB) PLD 1952 Lah. 609 Mirza v. Crown.
Conviction under section 460 and 304 PPC. Accused can be charged with and convicted of all offences committed in course of same transaction. (SC) PLD 1973 SC 595 Abdul Majid.
Sentence. House-breaking followed immediately by theft. Separate but concurrent sentence under sections 457 and 380, P.P.C. should be passed. PLD 1949 Bal. 11 Crown v. Muhammad Yasin.
No criminal trespass when the accused enters the house to commit adultery by invitation of an unmarried woman. (FB) AIR 1938 Lah. 534 Abdul Majid v. Emp. 39 Cr.LJ 755.
Criminal trespass under section 456, PPC. When accused enters into the Courtyard of a house to go to the adjoining house to commit adultery with married woman and is apprehended held, the offence only technical one. Sentence till the rising of Court and the fine of Rs. 5, (FB) ILR 19 (1938) Lah. 462 Muhammad Yar v. Crown.
Entry for illicit intercourse. Where it was proved that a person entered a house with intent to have illicit intercourse with a widow it was held he was not guilty of the offence. 38 All. 517 Gaya Bhar. AIR 1927 Sindh 92 27 Cr.LJ 1015 Suleman v. Emp. (FB) 4 Cr.LJ 293 PR No. 12 of 1906 Ram Saran v. Emp. 2 Cr. LJ 420 PR No. 28 of 1905 Ramzan v. Emp.
Entry for adultery. Criminal trespass for adultery is offence within the meaning of section 441 as adultery is an offence. (FB) 19 Lah. 462 Muhammad Yar v. Emp.
When prosecutrix herself invites appellant to her house, he cannot be convicted for offence u/S. 452 PPC. Evidence of prosecutrix wholly unreliable. Appeal allowed. PLJ 1996 S.C. 453, Muhammad Arshad 1995 SCMR 1639.
Entry to commit an offence. When the entry is to commit an offence criminal trespass is committed. (1864) 1 W.R. (Cr.) Jeenut Bebee v. Emp.
Entry into cattle pound. where a cow belonging to the accused was found grazing in the wheat crops of a person who had it impounded in the cattle pound and the accused opened the lock of cattle-pound, entered and drove off his cow, held, he was guilty of criminal trespass. 8 Lah. 331 Bhola v. Emp.
House-breaking and house-breaking by night explained--Sections 445 and 446, PPC (DB) PLD 1952 Lah. 609 Mirza v. Crown.
Departure through doorway. The accused entered into a house at night and departed with a vessel under his arm from the house after knocking down a person who stood in the doorway. Held, accused guilty of house-breaking by night. (892) 1 Weir 550 Kattayan v. Emp.
Lurking house trespass duration: Lurking house trespass or house-breaking continues so long as miscreants are inside the house. Death caused after the offence of trespass is complete, section 460, PPC is not attracted. (DB) 1968 PPC P.Cr.LJ 145 Abdul Aziz.
Climbing over roof is not criminal house trespass punishable u/Ss. 448, 451, PPC PLJ 1991 Cr. C (Lah.) 419. Muhammad Ashraf.
Buildings. An entrance hall surrounded in a wall in which there were two doorways but no doors were used for the custody of property P.R. No. 10 of 1879 Dad. v. Emp. 26 Cr.LJ 753 AIR 1925 Lah. 117 Niamat v. Emp. A walled enclosure from which other rooms of a house open and having no roof. 6 Lah. 463 Ismail v. Emp. A cattle yard with four walls, but one wall having fallen down but the gap was stopped with a thorn bush P.R. No. 16 of 1889 Ghulam Jalani were held to be buildings. A walled Courtyard with four rooms opening into it or a walled yard. 1968 P.Cr.LJ 1857 Umar Ali.
Not buildings. The mere surrounding of an open space of ground by a wall or fence does not make it a building (1896) 1 Weir 523 Palani Goundan. A Courtyard party surrounded on the front by a mud wall with no roof over it nor any door or gateway is not building 30 Cr.LJ 240 Sundar. A welled Courtyard which is not provided with door. AIR 1924 Lah. 623 25 Cr.LJ 457 Butta v. Emp; AIR 1925 lah. 279 26 Cr.LJ 383 Mul Chand. A cattle-fold or pen with a thornhedge around it. P.R. 57 of 1887 Sucha Singh v. Em. P.R. No. 24 of 1914-16 Cr. LJ 1 AIR 1914 Lah. 584 Kohmi v. Emp. A Wehra (Courtyard) used for custody of property, is Building, AIR 1925 lah. 117 Niamat v. Emp.
New building not in use yet. Criminal trespass into new building not yet used for one of the purpose specified in section 442 does not amount to house trespass. PLD 1958 Lah. 871 Shams-ud-Din.
Lurking house-trespass. In order to constitute lurking house-trespass the offender must take some active means to conceal his presence. AIR 1916 Lah. 425 17 Cr.LJ 304 P.R. No. 21 of 1916 Budha v. Emp. The mere fact that a house trespass is committed by night does not make the offence one of lurking house trespass. Supra.
Grievous hurt: Under section 459 grievous hurt must be caused or attempt must be made, during time that the house-breaking is being committed and not after that offence is completed and that the offender has left the premises. (1886) 8 All. 640. Ismail Khan v. Emp.
"Guilty of such offence"; Under section 460 the accused and another person attempted to break into house by night for the purpose of committing theft, and were interrupted by inmates, one of whom was killed by one of the accused. There was no evidence to indicate which of the two accused caused the death.ÿHeld, the accused could not be punished with transportation(Now life imprisonment) for life as the offence of house breaking was attempted only and no committed. (1874) P.R. No. 16 of 1874 Saif-ud-Din v. Emp. P.R. No. 12 of 1880 Jawala Singh v. P.R. No. 12 of 1891 Umar Din v. Emp.
Death or grievous hurt after house-breaking. Under section 460 death or grievous hurt caused after the house-breaking is complete and accused are running away, the provisions of this section do not apply (1981) P.R. No. 2 of 1882 Jafir. AIR 1917 Lah. 319 18 CR.LJ 18 Cr.LJ 350 Sed Rasul v. Emp. 2 lah. 342 Muhammad v. Emp. (DB) PLD 1956 Lah. 157 Fateh Sher v. Crown 1968 P.Cr.LJ 1901 Muhammad Bakhsh.
Police or any other stranger not to enter the house of a person without a warrant or permission of the occupant as under Islamic Law and PPC it would be an offence of criminal trespass. PLJ 1997 Cr.C. (Lah.) 1, Mst. Jannon Mai v. SHO.