It is defined under Section 378 of the Indian Penal Code. Criminal trespass occurs when a person unlawfully without any right or an express or implied license enters into the private property of another person.Criminal Complaint: Complain with the local police under relevant sections of the Indian Penal Code, such as Section 441 (criminal trespass). If someone occupied your land illegally, file a police complaint immediately. File a criminal case for trespass. Chapter XVII – Of Offences Against Property. Section 378:- Theft. This memorandum opinion addresses the process and proposals that resulted in the final jury instructions in the property damages trial in this class action. A "trespass" is an unlawful interference with one"s person, property or rights; with reference to property, it is a wrongful invasion of another"s possession. Misapplication of property involves encumbering or disposing of property that someone entrusted to you.