CLAT Sample Paper CLAT Sample Paper-11

  • question_answer
    Principle Whosoever enters into a upon the property in the possession of another, with intent to commit an offence or to intimidate or annoy any person in possession of the property and remains there with intent thereby to intimidate or annoy another person or with intent to commit an offence is guilty of criminal trespass.
    Facts The accused entered at night into a house to carry on intimate relations with an unmarried major girl on her invitation and information that her family members are absent. However, he was caught by her uncle before he could get away. Is the accused guilty of criminal trespass?

    A)  Guilty of criminal trespass as he annoyed the uncle

    B)        Guilty because he entered the house to commit a crime against the girl

    C)        Guilty because no one should enter into the house of another at night

    D)        Not guilty of criminal trespass

    Correct Answer: A

    Solution :

    According to Section 441 of the Indian Penal Code, 1860, the accused in guilty of criminal trespass as he annoyed the uncle, secondly he entered the house to carry on intimate relations with a girl Section 441 of IPC states, that whoever enters into or upon property is the possession of another with intent to commit an offence or to intimidate or insult or annoy any person in possession of such property, is said to commit an offence of criminal trespass.


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