AI Overview...
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House Trespass - Under IPC, house trespass requires entry into a building or dwelling; mere damage or trespass on a porch without entering the house does not constitute house trespass. For example, damaging a car parked in a porch without entering the house is not enough to establish house trespass JOHN M.KURIAKOSE, Vs THE DISTRICT POLICE CHIEF, - Kerala.
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Entry and Damages - Trespass can occur through work completed quietly or promptly, and damages alone do not necessarily prove trespass unless accompanied by unlawful entry Abdul Hossain VS Ram Charan Law - Calcutta.
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Criminal Trespass - Cases involve accused trespassing into a house or porch, often with accompanying threats or violence, and are established through evidence such as statements under Section 161 of CrPC. Entry into the house or porch is a key element SATHYARAJ Vs STATE OF KERALA - Kerala.
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House Trespass with Crime - Criminal house trespass is often linked with other offences like dacoity, murder, or assault, especially when accused call victims outside or break into houses, and such acts are proven through physical evidence and eyewitness testimony Antoney @ Kuttiyachan, S/o. Varkey VS State Of Kerala - Kerala, JAHIDUL HUCK,C.NO.4772,C.PRISON,TVM-12 Vs STATE OF KERALA - Kerala, ANTONY @ KUTTIYACHAN Vs STATE OF KERALA - Kerala.
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Entry into House - Evidence shows that breaking open doors or tiles, entering porches, or calling victims outside are common methods of committing house trespass in criminal cases Navas @ Mulanavas VS State Of Kerala - Supreme Court.
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Evidence and Inspection - Reports by advocate commissioners indicate whether the house was entered and inspected; lack of entry can be inferred if no such inspection was conducted O M JOHNSON vs JAMES - Kerala.
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Conspiracy and Circumstantial Evidence - Cases of house trespass often involve conspiracy, with circumstantial evidence such as presence at the scene, actions of accused, and physical evidence used to establish guilt Shailendrasingh Shivmurtisingh Thakur VS State of Maharashtra - Crimes, State Represented By The Circle Inspector Of Police, Cherthala Police Station VS R. Baiju - Kerala.
Analysis and Conclusion:
Entering a house or dwelling is a fundamental element to establish house trespass under IPC. Trespass involving only a porch or external structures without actual entry typically does not qualify as house trespass. Evidence such as breaking open doors, calling victims outside, or physical entry supports the offence. Cases often involve additional offences like assault, threats, or conspiracy, and are proven through a combination of eyewitness testimony, physical evidence, and official reports. Therefore, mere presence in a porch or damaging property outside the house without actual entry generally does not constitute house trespass main references.
Search Results for "Enter in to Porch of the House is Tresspass"
2020 Supreme(Online)(KER) 41694 • India - High Court of Kerala
ASHOK MENON, J
Ratio Decidendi: For house trespass to be established under IPC, the accused must enter a building or dwelling; mere damage ... trespass, as the 1st accused damaged a car parked in the petitioner's car porch without entering the house. ... trespass, emphasizing that house trespass requires entry into a building or dwelling. ... To attract an offence of “house trespass” punishable under Section 45....
1911 0 Supreme(Cal) 18 • India - Calcutta
LAWRENCE H. JENKINS, WOODROFFE
In the view, I take it is unnecessary to enter into the question of damages, but I think the plaintiff is entitled to a mandatory injunction, and in the circumstances it appears to me that that is his proper remedy. ... It is true that the wall has been completed or was completed before the suit was brought, still we are here concerned with trespass on the land of the plaintiff, a trespass not carried out as the result of long and continuous work but of work completed quietly and promptly: not only has a trespass been ......
2009 Supreme(Online)(KER) 41512 • India - High Court of Kerala
M.SASIDHARAN NAMBIAR, J
Criminal - Trespass - Code of Criminal Procedure Section 482 - Dismissal of Petition Fact of the Case: The petitioner ... Case against petitioner and second accused is that due to enmity, at the instigation of petitioner two accused trespassed into the car porch of the house of second respondent, the defacto complainant and using abusive words threatened to kill him and thereby committed offences under Sections 447, 294 ... When statement recorded under Section 161 discloses the allegation, it is not for the court to appreciate that evid....
2020 0 Supreme(Ker) 338 • India - Kerala
A.HARIPRASAD, N.ANIL KUMAR
Out of this frustration, the accused came to the house of the deceased on his motorcycle bearing registration No.KL/05-1053 at 9.30 am on 16.04.2014. Thereafter, he had committed criminal house trespass and called the deceased to come outside near the car porch of the house. ... According to the learned counsel for the appellant, the presence of MO14 at the scene of occurrence would indicate that the deceased was armed with MO14 knife when the accused was called upon to enter the car #....
2024 3 Supreme 341 • India - Supreme Court
B. R. GAVAI, K. V. VISWANATHAN, SANDEEP MEHTA
(B) Indian Penal Code, 1860 – Sections 302, 449 and 309 – Murder of four members of a family after committing house-trespass ... Latha (aged 39 years), Ramachandran (aged 45 years), Chitra (aged 11 years) and Karthiayani Amma (aged 80 years) after committing house-trespass ... It was then decided to break open the door on the front side of the house. PW-4 (Sandeep) removed the tile portion above the porch and entered the porch. He then broke open the door using a pest....
2017 Supreme(Online)(KER) 18047 • India - High Court of Kerala
C.K. ABDUL REHIM, A.M.BABU, JJ
The prosecution alleges that the accused persons conspired to commit dacoity in the house of Koshy. The accused allegedly committed house-trespass, dacoity and murder. It was at around 7.00p.m on 8.10.2005 the incident. The locale of the crime was Koshy's house. ... PW5 testified that when he came to the house of Koshy in the evening of the date of incident to settle the account, he saw Koshy sitting in the sit-out of the house and the accused persons standing in the car porc....
2020 Supreme(Online)(KER) 2006 • India - High Court of Kerala
Thereafter, he had committed criminal house trespass and called the deceased to come outside near the car porch of the house. A wordy altercation took place between the accused and the deceased. Feeling agitated, the accused stabbed the victim with MO1 dagger which he had kept in his loin. ... According to the learned counsel for the appellant, the presence of MO14 at the scene of occurrence would indicate that the deceased was armed with MO14 knife when the accused was called upon to enter the car #HL_....
2013 Supreme(Online)(KER) 28641 • India - High Court of Kerala
P.N.RAVINDRAN, J
While the first Advocate Commissioner did not report about any of the movables in the house, the second Commissioner has reported about the movables, evidently meaning thereby that the first Commissioner did not open the house and enter and inspect it. ... Though the Advocate Commissioner had reported that in the cattle shed situate on the western side of the house, he saw three cows, a calf, two goats and a dog and in the sit out, an insecticide pump and a water pump were found and in the car porch and....
• India - Crimes
V.K.JADHAV, SHRIKANT D.KULKARNI
397, 412, 452, 120-B read with Section 34 – Indian Evidence Act, 1872 – Illustration (a) of Section 114 – Dacoity with murder, house ... trespass and conspiracy – Prosecution case is based upon circumstantial evidence – There is no direct evidence to actual incident ... trespass and conspiracy – Respondents-accused persons have committed crime with premeditation and it involves extreme brutality ... PW 4 Sumitkumar Tiwari allowed said Subhash to enter in the campus of the bungalow. ... There is clear evidence that the ap....
2024 0 Supreme(Ker) 700 • India - Kerala
P. B. SURESH KUMAR, M. B. SNEHALATHA
The convictions for conspiracy, house trespass, and various assault charges were reaffirmed, culminating in the modification of sentences ... It was also asserted by PW3 that at that time, she saw the sixth accused standing on the northern side of her house and the accused left the house after leaving the wooden logs in the car porch of the house. ... The learned counsel for the second accused, however, argued that Section 449 IPC would get attracted only if house #HL....
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