Distinction between Criminal Trespass (section 441) and House-trespass (Section 442) are as follows:
i) 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 whereas, whoever commits criminal trespass by entering into or remaining in any building or any building used as a place for worship, or as a place for the custody of property, is said to commit ‘house-trespass’.
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ADVERTISEMENTS:
ii) Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which extend to five hundred rupees, or with both while, the punishment for house trespass is imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
iii) In the offence of criminal trespass, the trespasser should do certain acts such as intimidation or insult or annoy any person in possession of such property. But, mere introduction of any part of the criminal trespasser’s body is sufficient to constitute house-trespass.
iv) Criminal trespass may be committed on any property including agricultural property, dwelling property whereas house- trespassing can be committed only in case of dwelling buildings. Agricultural lands are not covered under house-trespass.
v) Criminal trespass is an ordinary offence of the category of trespass while house-trespass is an aggravated form of criminal trespass.