Law: Illegal Dispossession Act, 2005

Section: 3(2)

PLJ 2026 Cr.C. 106 [Sindh High Court Circuit Court Hyderabad) Illegal Dispossession Act, 2005 (XI of 2005)-- ----S. 3(2)--Prohibits any person from entering into or upon any property to dispossess-- This special enactment was promulgated to curb rising menace of powerful individuals forcibly usurping others’ property--Section 3 of Act creates offence of illegal dispossession--Sub-section (1) of Section 3 expressly prohibits any person from entering into or upon any property to dispossess, grab, control or occupy it “without having any lawful authority to do so”, if intention is to dispossess lawful owner or occupier--In other words, law targets exactly kind of conduct alleged in this case: a forcible, unauthorized takeover of someone else’s property--Sub-section (2) of Section 3 then prescribes punishment, which may extend to ten years’ imprisonment, with fine, and with a direction to pay compensation to victim (in accordance with Section 544-A, Cr.P.C.)--Thus, to secure a conviction under Section 3(2) of Act, prosecution must establish (i) that complainant was an owner or lawful occupier and in possession of property in question, and (ii) that accused person, without any lawful authority, entered property and forcibly dispossessed complainant--It is not necessary that accused be a notorious “land grabber” or part of any organized group; any person who commits act described in Section 3(1) is liable.                                                                                   [Pp. 112 & 113] A 2005 CLC 83. Illegal Dispossession Act, 2005 (XI of 2005)-- ----S. 3(2)--Criminal Procedure Code, 1898 (V of 1898), Ss. 22-A & 22-B--Oral evidence--In addition to oral evidence, there is considerable…