Which acts amount to criminal trespass?
The parents were previously residing in the same property in question along with the son. However, they gave unlawful threats of eviction, and have now temporarily moved out for the past 20 days. The property is the parents’ self-acquired property. The son has clearly informed them that, even then, such eviction threats without following due process of law are illegal. Despite this, they return almost every alternate day on the pretext of taking minor belongings and continue to annoy, monitor, insult, and harass him. In these circumstances, would their conduct amount to criminal trespass under the IPC / BNS, or would such provisions not apply because they are the parents and owners of the property? Please also provide any relevant legal precedents, if available.
Since the property belongs to the parents, their entry will generally not be treated as criminal trespass. However, they cannot threaten, harass, or forcefully evict the son without legal process. The son can file a police complaint for harassment or intimidation and approach a civil court for an injunction to stop such behavior. It is important to collect evidence like recordings, messages, or witnesses to support the case. For further legal assistance contact us on our helpline number.
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