Legal Provisions of Section 447 of Indian Penal Code, 1860.
Punishment of criminal trespass:
This section prescribes punishment for the offence of criminal trespass which is defined in section 441. It states that whoever commits criminal trespass shall be punished with simple or rigorous imprisonment for a term extending up to three months, or with fine extending up to five hundred rupees, or with both. The quantum of punishment shows that criminal trespass is not a serious offence. A person cannot be prosecuted again for remaining on a property illegally after he was already punished for entering into it with the requisite guilty mind.
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ADVERTISEMENTS:
In Devkaran v. State of Rajasthan, the Rajasthan High Court ruled that where the accused persons assaulted the complainant and the facts showed that the heap of wood, which was a disputed property, belonged to the complainant and was situated on the land of the complainant and that the incident took place on the complainant’s land, the accused were guilty under sections 447 and 452 of the Code.
In State of Rajasthan v. Dipti Ram the land in question was allotted to the complainant. The accused was found to be in possession of the disputed land earlier to the said allotment. There was no evidence showing the complainant to be in possession of the disputed land. The High Court of Rajasthan held that the offence of criminal trespass was not made out and observed that mere occupation, even if illegal, cannot amount to criminal trespass.
The offence under section 447 is cognizable, bailable and compoundable, and is triable by any magistrate.