What is civil and criminal trespass?

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Trespass is an act by someone, such as a stranger or a neighbor, where they don’t have rights on your property but yet they illegally occupy it without one’s consent, or prevent the actual owner from using it, for example by installing gates or locks. The same goes for someone making an illegal construction on one’s property without one’s consent. It is part of the criminal code and criminal code both.

All trespass may not be classed as criminal trespass, unless violence, threats and/or intimidation are involved. For criminal trespass, IPC (Indian Penal code) Sections 133, 441, 442 and 447 might be applicable. There is also a trespass called house trespass where a person commits criminal trespass on a portion or whole of one’s house where people stay.

If it is not criminal trespass then civil remedies, such as a court case, may be applied. One may file a lawsuit against the trespasser seeking damages and/or injunction from the court. Civil trespass falls under the law of torts.

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