Trespass can be said to be an action exceeding the limit carved by the law. It is an intentionally directed, unreasonable interference with one’s person and property. The word ‘intention’ here implies committing the wrong voluntarily. Trespass allegation can be leveled if the interference is with one’s and person’s body and private property. It is to be kept in mind that intention forms the essential component of trespass. Unreasonable behavior is triggered by the mala Fides and ulterior intention to harass another.
Types of Trespass
Trespass Against Person
It is the causing of apprehension of unreasonable interference with one’s person and body as well as person and includes usage of force causing damage and impairment in the body. The trespasser, with an ulterior intention, transgresses the right of another and makes an alteration in it with the objective to cause wrongful loss or wrongful gain as the case may be. It is considered as intentional even if the wrongdoer did not know that the property belonged to another.
Assault: It is the causing of unreasonable apprehension of body injury and damage in the mind of another person and usually a prelude to a battery. It can be given effect in a way that would make certain actions and indications as suggestive of assault by another. It can be both direct and indirect. It can be carried out by the person himself or through person.
Essentials of assault include:
- Apparent ability to carry out the purpose
- Knowledge of threat
An example of foreseeability in trespass: A man directing a gun and about to trigger it, behind a person is not foreseeable to the person. This can’t be said to be an assault as there is no apprehension in the mind of that person that somebody is doing such an act which would instill fear in him.
Battery: The use of force on the person of another without lawful justification. Battery consists of touching another person hostilely or against his will directly or indirectly, however, slightly. Direct force can be like slapping a person whereas indirect force is like setting a dog behind a person or spitting on a person. Battery corresponds to ‘use of criminal force’ according to Section 350 of the Indian Penal Code. What is necessary is that the wrongful act must involve physical contact.
Essentials of battery include:
- Direct or indirect physical contact without lawful justification
- Use of force
- It must be voluntary
Accidental touch or push in the market is not wrongful and does not constitute battery.
Article 22 of the Indian Constitution provides for protection against unlawful arrest and casts an obligation upon the state to follow due procedure while carrying out arrest related activities. Section 43, CrPC provides for arrest by a private person if the offender is a proclaimed habitual offender and is alleged to be liable for a cognizable and non-bailable offence.
Essentials: Complete restraint of liberty of person and unlawful restriction.