Tresspass to Person and Property
Keywords:
Tresspass, PropertyAbstract
Acts of trespass to the person are generally crimes as well as torts. Criminal proceedings may lead to compensation of the victim by the offender without a separate civil action, for since 1971 the criminal courts have had power to order an offender to pay compensation to his victim, and the court is now required to give reasons, on passing sentence, if it does not make a compensation order. The law has now become more complicated in the area covered by the trespass torts. For example, an adviser may have to consider civil liability under the Protection from Harassment Act 1997 which is in other respects much wider than trespass.
It is often seen that one wants to protect one’s body and property, whether movable or immovable. People usually seem anxious as to their person or property being vulnerable to negative elements, who are willing to misappropriate and exploit their wealth with a Mala Fide intention. This apprehension of large sections is what is required to be dealt with the iron hands of the law.
References
S. C. Thanvi, Law of Torts, pp. 658-660
S.S. Tewari vs Om Prakash Srivastava and Anr., 1979 ACR 419
Bandu v. Naba, (1890) 15 Bom. 238
Sentini Cermica P. Ltd. Vs Kunchi Krishna Mohan and Ors., 2015(2)RCR(Criminal)150
Amit Kapoor Vs Ramesh Chander and Anr.(2012)9SCC460
Samira Kohli Vs. Dr. Prabha Manchanda and Anr, AIR 2008 SC 1385
<https://indiankanoon.org/doc/96343465/>accessed on 5/06/2016
AIR 1964 AP 382
(1845) 7 QB 742