Chapter 17Indian Penal Code

IPC Section 447: Punishment for criminal trespass

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 may extend to five hundred rupees, or with both.

IPC Section 447: Simplified Explanation

IPC Section 447 prescribes the punishment for the offence of criminal trespass, as defined in IPC Section 441. Criminal trespass occurs when a person unlawfully enters or remains on the property of another with the intention to commit an offence or to intimidate, insult, or annoy the person in possession of the property. This section deals specifically with the penalties imposed for such unlawful intrusion. 

Is IPC Section 447 bailable? 

IPC Section 447 is bailable. Since the offence involves trespassing rather than direct physical harm, it allows for the possibility of bail under judicial discretion. 

IPC Section 447 Punishment 

The punishment under IPC Section 447 involves imprisonment of either description for a term extending to three months, or with a fine extending to five hundred rupees, or with both. The severity of the punishment can vary based on the circumstances and the intent behind the trespass. 

Example of IPC Section 447 

A real-life example of IPC Section 447 involved someone who entered a neighbour’s garden without permission to intimidate them over a property dispute. Despite being asked to leave multiple times, the individual refused and caused damage to the plants. The neighbour reported the incident to the police, and the trespasser was arrested and charged under IPC Section 447 for criminal trespass. In court, the individual was found guilty, sentenced to one month in prison, and fined, highlighting the legal consequences of unlawfully entering someone’s property intending to intimidate or annoy.

Vardhaman Raj

Vardhaman Raj is a distinguished advocate with over 25 years of experience in the Indian legal system. Vardhaman has dedicated his career to criminal law and civil rights, gaining a reputation for his unwavering integrity, meticulous attention to detail, and compassionate advocacy for his clients. Vardhaman's expertise spans various legal areas, including criminal defence, family law, and public interest litigation.

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