The Bharatiya Nyaya Sanhita (BNS), 2023 does not deal with civil disputes such as ownership, possession, inheritance, or land rights, as these matters are governed by separate civil laws. However, BNS plays an important role in protecting property by criminalizing acts that threaten or harm property and financial interests. Through provisions related to theft, robbery, cheating, criminal breach of trust, fraud, mischief, extortion, and trespass, BNS ensures that no individual can unlawfully take, damage, or misuse another person’s property. These criminal safeguards support civil property systems by preventing illegal actions and offering strong legal remedies when property-related offences occur.
Civil & Property Matters
Civil & Property Matters
Although the Bharatiya Nyaya Sanhita (BNS), 2023 is not a civil law statute and does not decide property rights, ownership, partition, land registration, or inheritance, it contains several provisions that deal with criminal acts affecting property. These provisions ensure protection of assets, land, money, and movable or immovable properties by punishing wrongful acts committed against them. In this context, BNS supports civil and property systems by preventing illegal activities such as fraud, trespass, damage, cheating, and unlawful possession.
1. Theft (BNS Sections 303–309)Any person who dishonestly takes property out of someone’s possession without consent commits theft.
Punishments vary based on circumstances, such as house theft, vehicle theft, or theft by employees.
2. Robbery & Dacoity (Sections 310–316)
Robbery involves theft with threat, violence, or fear of injury.
Dacoity involves five or more persons committing robbery.
Punishments are severe, ensuring protection of property from violent crimes.
3. Criminal Misappropriation (Section 317)When a person lawfully receives property but later dishonestly converts it for personal use, it becomes an offence.
4. Mischief & Property Damage (Sections 328–336)
Mischief involves causing wrongful loss or destruction of property.
This includes:
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damaging buildings
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destroying crops
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tampering with vehicles
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damaging water supply lines
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interfering with public property
Punishment varies based on the amount of damage.
Overview
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Description
The Bharatiya Nyaya Sanhita (BNS), 2023 is primarily a criminal code and does not settle civil disputes relating to ownership, possession, land boundaries, contracts, tenancy, or inheritance. These matters remain the jurisdiction of civil courts and are governed by separate legislations such as the Code of Civil Procedure, Transfer of Property Act, Registration Act, and personal laws. However, BNS plays an extremely important role in safeguarding property by defining and penalizing a wide range of criminal offences that directly affect property rights, ensuring that individuals and businesses are protected from illegal actions capable of causing financial loss or destruction of assets.
Under BNS, property-related protection is strengthened through strict provisions dealing with theft, robbery, criminal misappropriation, criminal breach of trust, cheating, fraud, mischief, criminal trespass, extortion, and dishonest dealings. These offences address every major form of unlawful interference with property—whether someone steals an asset, deceives a person into handing over money, damages land or buildings, misuses entrusted property, or enters premises without authorization. For example, theft and robbery provisions safeguard movable property from dishonest taking; cheating and fraud sections protect individuals from financial scams, real estate fraud, and deceptive property transactions; criminal breach of trust ensures that property or funds given for safekeeping or business use are not misused; and mischief provisions ensure that no one destroys, alters, or damages property, crops, public utilities, vehicles, or infrastructure.
Criminal trespass laws under BNS protect the sanctity of homes, offices, agricultural lands, commercial buildings, and private spaces by punishing unauthorized entry done with intent to intimidate, annoy, insult, or commit a crime. Similarly, extortion provisions prevent coercive methods of acquiring property or money through threats or intimidation. Combined together, these property-related offences create a strong protective shield that upholds the safety of individuals, families, businesses, investors, and institutions.
