"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." Which section of The Indian Penal Code, 1860 is being discussed here?
DSSSB - 2023,
Answer: D
The passage describes criminal trespass, which is defined in Section 441 of the Indian Penal Code, 1860: entering property in another's possession to commit an offence or to intimidate, insult or annoy the person in possession, or unlawfully remaining there with such intent.
Section 161 concerned a public servant taking a gratification other than legal remuneration, Section 242 deals with possession of a counterfeit coin by a person who knew it to be counterfeit when he became possessed of it, and Section 36 states the effect of causing a result partly by an act and partly by an omission. None of them concerns trespass.
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