In the present era, everyone wants to preserve his or her body and property from external intrusion and from another’s wrongful intention to harm or destroy it. As the time is changing and so is the technology and competition, there is an increase in the mala fide intention of people causing wrongful harm to others. Therefore to apprehend such large sections of public there is a need to develop such laws to protect the individual’s property and body.

There are many instances where the wrongful intrusion of a person over others property and body results in many harms either public or private. Therefore to save common people from such harm there is a common term given that is Trespass.

Trespass can be termed as the wrongful act done directly and intentionally to cause the harm to another property can be termed as trespass. It is of two kinds of civil and criminal wrong. It is so because it can have two different kinds of injuries i.e. it can lead to the violation of human rights which leads to the damages, while it can also lead to punishment if there is any physical attack.

Therefore, the term trespass can be termed as an action exceeding the limit so made by laws. It is an act intentionally directed for an unreasonable interference with the one’s property and person’s. The term intentionally here implies that any wrongful act done voluntarily. Furthermore, it is a necessary component of trespass to prove the intention of the party involved.

Trespass to person refers to the case where there is the wrongful apprehension of a body or person. That is, there is a wrongful apprehension of one’s body or person causing harm or injury done with mala fide intention. An assault is an attempt to do a corporeal hurt to another, coupled with an apparent present ability and intention to do that act. A battery is the intentional and direct application of any physical force to the person of another. There are three types of trespass.

It refers to causing illegal apprehension of fear in the mind of other person causing him to suffer injury can be termed an assault. For proving assault there is no need for having suffered any physical harm. For example, if A takes out the gun pretending it to be loaded, in front of B. B in the apprehension of fear suffers shock. Then A would be held liable for assault on B, even if the gun wasn’t loaded. However, it is important to consider the foresee ability of a person that is he should have apprehended the fear due to the act is done and not because he thought. That is, if A holds a gun behind B, so be won’t be able to be apprehended because of that and therefore A won’t be liable for any assault. An occupier is not normally liable to a trespasser except in respect of wilful act intended to cause him harm or done with reckless disregard.

Whoever enters into or upon property in the possession of another with the intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with an intent to intimidate, insult or annoy any such person, or with the intent to commit an offence commits criminal trespass.