Trespassing is an act or physical interference by a person of entering someone’s private property without permission. But when a trespasser continues trespassing for a particular period of time the law may give the trespasser the right to stay on land or property under certain circumstances. A person who unlawfully remains in someone property is also liable for trespass by remaining on the land. This is when a person lawfully enters into another persons’ property but remains in that property even after the right ceases to exist.  There is also ‘continuing trespass’ which means trespass by way of personal entry continues as long as the trespasser is personally on the land. In a simple word Trespassing is disturbing any person or even entering into a person’s property, by an unauthorised person, without or against their consent. This problem is usually faced by the persons who have more than one property.
Non- Resident Indians are the ones who face this problem mostly. NRI’s have left or buy Indian property for the purpose of investment and visit that property once a years, this gives the trespassers the great opportunity to use that property for their own use.

Legal provision for Trespass
The law has provided the remedies to the owner for trespassing.

  1. Criminal Complaint
  2. Civil Suit

Criminal Complaint:
Criminal trespass is a cognizable offence. If any trespasser commit the offence than you should lodge an FIR at the nearest police station as per the jurisdiction. If the Police inspector refuses to lodge an FIR then you should write an application on the same day to your city’s Police Commissioner and if you are living in rural area then write an application complaining against the PI stating that he has refused to lodge your FIR in spite the criminal trespass is a cognizable offence. Section 441 of Indian Penal Code deal with the Criminal trespass, Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit criminal trespass.

Essential Ingredients for criminal trespass

  1. The essential ingredients of criminal trespassing are-
  2. Entry into or upon a property which is in someone else’s possession.
  3. Or the entry is lawful, then unlawful remaining on that property
  4. With the intention to
  5. Commit an offence
  6. Intimidate, insult or annoy the person in possession of that property

Punishment for criminal trespass
Under Section 447 of the Indian Penal Court anyone who has committed the criminal trespass shall be punished with imprisonment of a term which may extent to three months or with fine which may extend to five hundred rupees or with both. The other remedy for trespassing is that the complainant can also go ahead with the filing a suit for recovery in the court.For this purpose you must have all the relevant paperwork as evidence and submit all the proofs to court along with the FIR lodged in the police station against the accused so that you can prove in the court that you are the sole owner of the property.