What is Criminal Trespass (Section 329(1) BNS)?

A person commits criminal trespass when:

1. They enter someone else’s property with the intention of
   • committing an offence, or
   • intimidating, insulting, or annoying the person who owns or possesses the property.

OR

2. They enter the property lawfully, but then refuse to leave and remain there unlawfully with the intention of
   • committing an offence, or
   • intimidating, insulting, or annoying the person in possession of the property.

Examples of Criminal Trespass

1) A enters his neighbor’s garden and shouts abuses to irritate him.

2) A guest is allowed to enter a house. When asked to leave, he refuses and threatens the occupants.

3) A man sneaks into someone’s farmland at night to steal crops.

4) Someone enters a private office without consent to harass the staff.

Essentials (Ingredients) of Criminal Trespass

To constitute criminal trespass, the following elements must exist:

1. Entry into Property

• The accused must enter into or upon property that is in the possession of another.
  OR
• The accused lawfully enters the property but remains there unlawfully.

2. Without Permission

• The entry or remaining must be unauthorized or unlawful.

3. Specific Intention

The trespasser must have one of the following intentions:

• To commit an offence,
• To intimidate the possessor,
• To insult the possessor, or
• To annoy the possessor.