Vanshika Jaiswal
The trespass means the unauthorized entry in the land, initially trespass was wrongful conduct directly causing injury or loss. It means entry to the land or property which is in the possession of the other person. The basis of that emphasis on the features which are act or omission in violation, legal injury and legal damages to that person’s possession property and providing legal remedy by way of unliquidated damages to that property of another’s person possession. The trespass is an offense of criminal and civil matters. This trespass law is for the idea of the security of the person that is for the freedom from every kind of violence and bodily injury that stands at the roots of trespass to person.
A person said to have committed criminal trespass to a person when he is found to be guilty of the offense which is of forcibly bodily interference without the consent of that person possession property and perform an actionable action even not without making any bodily injury to that person then also a person will get liable of the criminal act of trespass. If someone enters any personal property without telling them or letting them know or without the consent of the owner of that property as long as the legal right of that person has violated such action by law is a trespass of criminal nature.
Therefore in case of criminal trespass there are three ingredients to be there:
- Direct and forcibly bodily intervention
- Without any consent
- Legal injury was suffered by the person.
An assault is an attempt or offer to apply force to the person of another directly or indirectly. An assault is an attempt to forcibly bodily injure a person or has an intention to commit on some reasonable grounds. Assault also comes under the purview of Indian Penal code and an action can be taken against assault. A battery consists of touching another person in a hostile manner or against his will, the main aim of battery is to cause grievous hurt to another person. The principle of battery touching the person with anger is battery. The intention must be considered in case of battery. False imprisonment means total restraint on a person’s liberty without any legal justification for imprisonment.
As mentioned above trespass is also of civil nature which essentially means trespassing in someone’s property with a wrongful intention. These contain three ingredients to get an idea of civil trespass:
1. Entering upon land which is in the possession of someone.
2. Standing or walking if someone land without their consent
3. Placing or projecting any object in it without legal justification. There are many remedies to the tort of trespass:
- Damages: The claimant gets the compensation for his/her loss or damages while that claimant is entitled to get full compensation for his damages. Generally, the depreciation value of that object depends on granting the compensation.
- Injunction: Injunction is an equitable remedy available in torts granted at the discretion of the court. An equitable remedy is which the court instead of compensating the claimant asks the other party to perform his/her part which is promised by that person.
Defendant state of mind is the most important ingredient of trespass to person in this case of battery there is an intentional act of that defendant’s matter. The absence of consent is so a part of the tortious liability. There are some defence to trespass are:
- Justification: Sometimes there is lawful justification for trespass of the other persons land. The judication is backed by a lawful reason. For example a police officer can enter a land in a good faith or the police officer get an lawful order from the court to enter the other person’s land.
- Right to private self-defence: Firstly, the self defence is exercised when the claimant himself/herself is in the wrong. Secondly, the weapon for the defence is proportionate to the act that has been done.
- Contributory negligence: When the claimant is itself included in the act, then the liability can be divided.
- Preservation of Public Peace: When the trespass is required to maintain the public peace or to prevent the damage to the society.
- Consent by Claimant: When there is a consent by a claimant itself.
Trespass against property is also a crucial part of trespass which includes trespass against movable property like goods of another, trespass against immovable property like land. The trespass in land not only the surface of the land but also the airspace and subsoil is also a part of the land in trespass in property.
Whoever commits criminal trespass shall be punished with imprisonment for a term which may extend to three months, with fine or which may extend to five hundred rupees or with both. Civil trespass does not require ill intention it simply being in someone property without permission is enough to make a person liable.
