[S.447 IPC] Intention To Commit Any Offence/ Intimidate, Insult Or Annoy Possessor Necessary To Establish Criminal Trespass: Kerala High Court
1 year, 2 months ago

[S.447 IPC] Intention To Commit Any Offence/ Intimidate, Insult Or Annoy Possessor Necessary To Establish Criminal Trespass: Kerala High Court

Live Law  

The Kerala High Court has made it clear that to establish an offence of criminal trespass under IPC, the prosecution must prove beyond doubt that the accused persons entered into the property to commit criminal trespass with an intention to commit any offence or to cause intimidation, insult or annoyance. The Trial Court found them not guilty of the offences under Sections 323, 324 and 308 of the IPC and convicted only for the commission of the offence of criminal trespass and sentenced to three months imprisonment and fine. The Court noted that only a scuffle occurred between the parties based on which the Trial Court convicted the accused persons under Section 447 IPC for the commission of criminal trespass. The Court relied upon the Apex Court decisions in Mathri and others v. State of Punjab and Rajinder and others v. State of Haryana and stated that the offence of criminal trespass will be attracted when one person unlawfully enters into the property possessed by another person with an intention to commit an offence or to cause intimidation, insult or annoyance.

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History of this topic

Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court
1 month, 2 weeks ago

Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court

Live Law  

The Kerala High Court while quashing a case of defamation, observed that the complaint filed in the present case before a lawful authority which was enquired by it, will not attract an offence under Section 500 IPC. "Admittedly, in this case, a complaint is filed before the Chief Minister and before the Director of Pariyaram Medical College, where the 1st …

[S.34 IPC] Mere Participation Or Sharing Same Intention Independent Of Each Other Not Sufficient, Prearranged Plan Has To Be Proved: Kerala High Court
7 months ago

[S.34 IPC] Mere Participation Or Sharing Same Intention Independent Of Each Other Not Sufficient, Prearranged Plan Has To Be Proved: Kerala High Court

Live Law  

The Kerala High Court has held that mere participation in an offence would not be sufficient to attribute common intention unless it was proved that they shared a premeditated plan. The Counsel for the second and third accused submitted that even if they accompanied the first accused, they shared no common intention to cause death. It stated that mere participation …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 3 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

Cognizance Taken By Police For Offence U/S 195A IPC Bad In Law, Only Court Can Consider Matters Relating To False Evidence: Kerala High Court
1 year, 9 months ago

Cognizance Taken By Police For Offence U/S 195A IPC Bad In Law, Only Court Can Consider Matters Relating To False Evidence: Kerala High Court

Live Law  

The Kerala High Court recently held that the police is not competent to register an offence under Section 195A of the Indian Penal Code and that only a court is competent to consider an offence in relation to false evidence.A single bench of Justice A. Badharudeen observed that “When the threat dealt in Section 195 of IPC is giving. The …

Trespasser Having No Jural Relationship With State Can't Insist On Procedure For Eviction Under Public Premises Act: Kerala High Court
1 year, 9 months ago

Trespasser Having No Jural Relationship With State Can't Insist On Procedure For Eviction Under Public Premises Act: Kerala High Court

Live Law  

The Kerala High Court recently held that a rank trespasser has no recognition under law as far as illegal occupation of a public premise is concerned, and that the Court cannot accord such person with some sort of protection regarding the illegal use of the premise.The Court in this case was dealing with a rank trespasser who was an occupant …

Kerala High Court Grants Bail To POCSO Accused, Doubts Fabrication Of Prosecution Case
1 year, 9 months ago

Kerala High Court Grants Bail To POCSO Accused, Doubts Fabrication Of Prosecution Case

Live Law  

The Kerala High Court on Wednesday granted bail to a person accused of offence under the Protection of Children from Sexual Offences Act, on doubting the veracity of the prosecution version. Justice Kauser Edappagath took note that the victim in the case had given a complaint to the police for the first time after more than five years after the …

Kerala HC Deprecates Invocation Of Writ Jurisdiction Alleging 'Breach Of Duty' By Police To Register Complaint When The Dispute Is Civil In Nature
2 years, 1 month ago

Kerala HC Deprecates Invocation Of Writ Jurisdiction Alleging 'Breach Of Duty' By Police To Register Complaint When The Dispute Is Civil In Nature

Live Law  

The Kerala High Court on Tuesday held that a threat of illegal eviction/ trespass can be remedied by approaching a civil court. It added that High Court's writ jurisdiction cannot be invoked in such cases seeking police protection, when even the basic facts are disputed and the rights claimed cannot be established in summary proceeding under Article 226 of the …

Kerala High Court Grants Bail To 34-Year-Old Accused Of Attempting To Kill Another For Losing Carom Game
2 years, 2 months ago

Kerala High Court Grants Bail To 34-Year-Old Accused Of Attempting To Kill Another For Losing Carom Game

Live Law  

The Kerala High Court on Thursday granted bail to person accused of attempting to kill another for losing a carom game. Justice Viju Abraham in the order said:Considering the facts and circumstances of the case and taking into consideration the fact that petitioner is in custody from 05.10.2022 onwards and also the fact that the petitioner has no other criminal …

Crimes U/S 354, 506 & 509 IPC May Not Qualify As 'Sexual Offences' For Rescinding Airport Entry Permit: Kerala High Court
2 years, 2 months ago

Crimes U/S 354, 506 & 509 IPC May Not Qualify As 'Sexual Offences' For Rescinding Airport Entry Permit: Kerala High Court

Live Law  

The Kerala High Court recently observed that offences under Sections 354, 506 and 509 IPC may not fall within the ambit of 'sexual offences' for the purpose of cancellation of Airport Entry Permit as included in the provisions of Airport Entry Permit Guidelines, 2019.Section 354 penalizes use of assault or criminal force upon woman with intent to outrage her modesty; …

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist
2 years, 5 months ago

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist

Live Law  

The State of Kerala has approached Supreme Court against Kerala High Court's order of discharging alleged Maoist leader Roopesh accused of charges under Unlawful Activities Act and sedition under Section 124A of the Indian Penal Code. The High Court bench of Justice K. Vinod Chandran and Justice C. Jayachandran had discharged Roopesh, who allegedly along with members of the banned …

Merely Being In Uniform Does Not Attract S.353 IPC: Kerala High Court Grants Anticipatory Bail To Lawyers Accused Of Assaulting Police Officer
2 years, 6 months ago

Merely Being In Uniform Does Not Attract S.353 IPC: Kerala High Court Grants Anticipatory Bail To Lawyers Accused Of Assaulting Police Officer

Live Law  

The Kerala High Court allowed the anticipatory bail application moved by two lawyers accused of assaulting a police officer in uniform while he was at the Court in relation to an ongoing enquiry against him. Kunhikrishnan decided to allow the plea upon suspecting that they were booked under Section 353 of the Indian Penal Code in a deliberate attempt to …

Section 420 IPC- In The Absence Of Allegation Of Deception From The Inception No Offence Is Established: Jharkhand High Court
3 years, 5 months ago

Section 420 IPC- In The Absence Of Allegation Of Deception From The Inception No Offence Is Established: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that in the absence of any allegation of deception, false promise, or inducement at the time of the transaction, merely the breach of undertaking to repay the loan in the manner claimed cannot be a basis for conviction under Section 420 of the Indian Penal Code. A bench of Justice Anubha Rawat Choudhary, while …

Kerala High Court Issues Guidelines To Be Followed By Courts Before Acting Upon The "Pleading of Guilty" By An Accused
3 years, 7 months ago

Kerala High Court Issues Guidelines To Be Followed By Courts Before Acting Upon The "Pleading of Guilty" By An Accused

Live Law  

A Single Bench of the Kerala High Court while reversing the conviction imposed upon the petitioner on Tuesday, issued a set of guidelines to be followed in cases of an accused pleading guilty for the offences charged against him. The petition contends that the trial court convicted the petitioner of the above offences solely upon pleading guilty. The elaborate procedure …

Trespass: No Charge U/S 447 IPC Could Be Framed If Complainant Has No Possession Of The Property: Delhi HC [Read Judgment]
5 years, 7 months ago

Trespass: No Charge U/S 447 IPC Could Be Framed If Complainant Has No Possession Of The Property: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has recently held in Jagdish Kapila v. Raj Kumar & Anr. Court set aside the challenged order passed by the Trial Court saying it is erroneous as Trial Court had framed the charge on the presumption that the complainant was in possession of the shop at that time which was not the correct position. The court found …

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