Penal Code, 1860–Sec. 447 [Corresponding Sec. 329(3) of BNS, 2023] –Scope for constitution of offence–Mere physical presence on a disputed property, devoid of intent, does not suffice to attract the penal consequences under this provision–Where the question of possession itself is disputed or where civil litigation regarding ownership or occupation is pending, the invocation of Sec. 447 becomes highly contentious–The prosecution must adduce cogent evidence to demonstrate that the entry into the property was accompanied by a criminal intent.
