trespass

In tort, trespass to land is an unjustified intrusion on land in another's possession: entering it, remaining after permission ends, or placing things on it. It is actionable per se, without proof of damage, and protects possession rather than ownership. Trespass to the person includes assault, battery and false imprisonment, and trespass to goods covers direct interference with goods.

Criminal trespass is narrower: under Section 329 of the BNS (old ss.441, 442, 447 and 448 IPC) it requires entry with intent to commit an offence or to intimidate, insult or annoy the person in possession. A mere civil trespass without such intent is not a crime.

Example

Walking across the neighbour's field without permission is a trespass actionable without proof of any damage.

In Indian law

• Section 329, Bharatiya Nyaya Sanhita, 2023 (old ss.441, 442, 447 and 448, Indian Penal Code, 1860): criminal trespass and house-trespass

See also

trespass ab initio · criminal trespass · battery · false imprisonment

Read more in the study notes

• Public nuisance, mischief and criminal trespass (Bharatiya Nyaya Sanhita)
• Trial of warrant-cases and summons-cases by Magistrates, and summary trials (Bharatiya Nagarik Suraksha Sanhita)
• Compounding of offences and plea bargaining (Bharatiya Nagarik Suraksha Sanhita)
• The Probation of Offenders Act, 1958 (Bharatiya Nagarik Suraksha Sanhita)
• The right of private defence (Bharatiya Nyaya Sanhita)
• Offences against public tranquillity (Bharatiya Nyaya Sanhita)