TRESPASS can be both criminal and civil tort. It can be legal right violation in the first place constituting a civil tort or damaging a person or his property constituting criminal tort. Movable or Immovable Property or a Land are worth a huge amount of money, so people and trade take special care to protect their premises from Criminal intruders. This includes things as simple as locks to a high class CCTV system.
Criminal Advocates for Trespass in Chennai
It is human nature to protect one’s body and their property as a matter of fact. The property can be movable or immovable property in like manner. In usual circumstances people are anxious about threats to their person or property or any Nuisance in addition. These threats of violation of their person or property identically is known as trespass.
Saravvanan Rajendran Law associates offer the best remedy without doubt for any false charges of trespass in Chennai. Here Criminal attorneys do help uniquely in complaint drafting, submitting, getting court direction for filing and FIR and quash as well.
It is an act that crosses the limits of law by the same token. It is an act directed with intention that has unreasonable interference on a person or his property. You can file for litigation when there is unreasonable interference to your body or property. Intention is the main element of trespass. One must find the trespass litigation advocate to solve these issues.
The following are the various types :
Trespass to a person
- False Imprisonment
Trespass to one’s property
- To movable property
- To land
Meaning of Trespass to a Person
This refers to an act of a person that causes fear of unreasonable intervention on another person’s body or person. They are 3 types -Assault, Battery and False imprisonment
It is an act of one person that causes fear of injury to body and damage in another person’s mind. Assault determines a criminal act. It is a prelude to battery. Consult a Criminal advocate once someone attacks or charge you as well. Only an Assault attorneys handle and resolve such cases.
Example: A person waves his fist and creates an image of striking in another persons mind. The former person has committed an assault.
The elements of assault include:
- Awareness Of Threat
- Ability To Complete The Act
It is an act where a person touches another person against his will with the intent of causing grievous harm. Raising your hand and hitting a person is an example of battery. Proof of touch is enough to prove battery. In battery the purpose of act is to cause harm. The awareness of person about the act is not required in battery. The nature of crime is physical. There may be no damage from the act on the other hand.
The Elements of battery are:
- Unlawful physical contact
- employment of force
- voluntary action
Accidental push or touch is not battery. If there is any such false charge against you, just meet criminal advocates in Chennai high court to solve it as soon as possible.
It is an act where there is unlawful restriction on freedom of movement of one person by another. Yet, It can even be for a very short time. Perhaps, The elements of false imprisonment are unlawful restraint with intent and restriction on freedom of movement of a person. Of course, Criminal advocates help you to get an acquittal out of such criminal charges.
Example: A security guard detain a person or Customer held in custody by business owner on failing to pay bill is a good example of false imprisonment
Defense in opposition to trespass of Person
- Consent Of Petitioner
- Presence Of Contributory Negligence To The Act By Petitioner
- Authorization By Law
- Maintain Public Peace
The Trespass to property have two forms – One is movable property and the other is of land.
Trespass of Movable property
The movable properties are goods, vehicles etc. Meanwhile, It is an act which involves wrongful taking or destroying of one’s goods or vehicles. For instance, moving jewelry in a shop intending to steal it later is trespass of goods.
Defense for trespass of movable property are consent and lawful authority.
Trespass of land
An act that involves willful pry on someone else’s land is trespass of land. At this point, The act of Pry is physical and direct. Entering and possessing of land through accident or negligence. This also includes airspace and below the ground. Example an overhanging crane on one’s property is trespass of land. By and large, The crane is trespassing airspace of the property. Criminal lawyers can only offer the legal support in such land or any property issues.
Legal Defenses for land Trespassing
Intention is the main element in land trespass. The following are few defenses:
- Permission for use from Property Owner
- Consent Of Property Owner To Use Property
- No wrongful Intention By The Defendant
- No Actual Interference With Activity On Owner’s Land
Punishment for criminal trespass
Criminal trespassers will get punished with imprisonment for a term up to three months or with an amount of fine up to Rs. 500 or with both. Moreover, Criminal lawyers are the legal professionals who help you overcome such charges.
3 Months or Fine or Both This offence is Cognizable and Bailable offence. As a matter of fact, It is trial-able by Any Magistrate. Of course, This offence is compoundable by the property owner.
- In case of cognizable offence police has rights to arrest the accused without warrant. They can start with investigation even without court permission in addition.
- In any case of bailable offence police has rights to release the accused on bail and collect surety amount and bail bond.
- In case of compoundable offense, the victim and accused can compromise before the trial.
Contact No.1 Lawyer for Trespass compliant and Charges legal support in Chennai
Find Top Criminal lawyers in Chennai are good at handling trespass cases. It is a litigable offence. Contact No.1 lawyer from top Law firm in India with your inquiries. In fact, The Senior Criminal attorneys here will be happy to help you.