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If someone encroaches or trespasses on your property or a construction extends beyond the boundary line, there are three ways to resolve it.
Trespass: If someone enters your property:,
- with the intention to commit an offence or to intimidate, insult or annoy you, or
- enters lawfully but remains there unlawfully,
it can amount to criminal trespass under the Indian Penal Code(( Section 441 of the Indian Penal Code defines Criminal Trespass.)). You can file a criminal complaint against them.
Demarcation of property: The second option is to demarcate the land, by building walls or fences. It fixes the boundaries of the land, assures the protection of the demarcated land and keeps invaders away.
Civil suit for encroachment of property: The third option is to move an application in a civil court and seek orders against the encroachment. You can ask for a permanent injunction stopping anyone from disturbing your possession of land.
Vishnu
August 30, 2023
Hello,
I am Vishnu from India,
My land house premises is trespassed and access is blocked by putting lock to the Main gate of access from inside, this access is being used only for entering the main property surrounded by compounded wall with fencing therein, in India, which is accessible since 2014 in which the part portion of land of neighbouring owner and part portion is vacant non cultivated has specific survey no of government pot Kharbanda portion of land, its Bin Agari sarkari Pad (pot kharaba) The owner Han oral consent to use access for accessing the access since 2014 till as on date and not objecting to use access.
Asked someone to take care of the said property during my absence verbally. The incident had been communicated to the Police Authority by someone who has been asked my absence to take care of the said premises.
My question is “after returning India home town, what should I Do?”
If Police did not enter in their record book trespassing FIR by giving FIR No for further investigations from me?
If such incidents happened many times in future,
What should I do?
Please give your opinion,
Alka Manral
September 3, 2024
In answer to Part I, you have the option to move an application in a civil court and seek orders against the encroachment. You can ask for a permanent injunction stopping anyone from disturbing your possession of land.
You also have remedies under BNS (the new criminal code). Criminal Trespass and House trespass is defined under Sction 329(1) and 329(2) of the BNS respectively. You can also have remedies under section 330(2) of BNS which talks about entering or exiting a house by using force or deception.
In answer to Second Part, If the local police station refuses to file an FIR, you can approach the Superintendent of Police (SP) with a written complaint under Section Section 173(4) of BNSS(the new criminal procedure code). The SP, if satisfied that the information discloses the commission of a cognizable offence, shall get the FIR registered and, either investigate the case themselves or order an investigation by a subordinate.