Property disputes are mainly civil matters, but the Bharatiya Nyaya Sanhita (BNS), 2023 protects individuals by punishing criminal acts related to property such as trespass, cheating, fraud, document forgery, and unlawful possession. While civil courts decide ownership and title, BNS ensures strict action when any crime affects property rights.
Property Disputes
BNS Sections Relevant to Property Disputes
1. Cheating & Property Fraud (Sections 320–327, BNS 2023)
Used when someone:
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Cheats in real estate transactions
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Sells property using fake documents
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Fraudulently takes money for land or flats
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Deceives someone into signing property documents
Punishable with imprisonment and a fine.
2. Criminal Trespass (Sections 337–343)
Used when:
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Someone forcefully enters property
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Neighbours encroach land
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A person illegally occupies a house, shop, or land
Includes house trespass, land trespass, and trespass with intent to intimidate or insult.
3. Criminal Breach of Trust (Section 318)
Applies when a person entrusted with property (money, documents, assets) dishonestly misuses it.
Useful in:
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Property keeper misuse
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Builder misusing customer funds
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Family members misusing entrusted property
4.Extortion & Criminal Intimidation (Sections 344–346)
Applied when someone:
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Demands money or property through threats
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Forces someone to sign property documents
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Uses violence to take possession
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Overview
Category: Property Disputes
Description
The Bharatiya Nyaya Sanhita (BNS), 2023 is a criminal law code and does not directly decide civil property disputes such as ownership, partition, land titles, inheritance, tenancy, or boundary issues. Those matters are decided by civil courts under separate civil laws. However, property disputes very often involve criminal behaviour like cheating, trespass, illegal possession, document forgery, threats, or damage to property. In such situations, the provisions of BNS become highly relevant. BNS provides a strong framework of criminal offences related to property which act as a protective shield around the civil rights of individuals, families, and businesses.
During property disputes, one of the most common criminal issues is cheating and fraud in property transactions. Under BNS provisions equivalent to cheating and dishonestly inducing delivery of property, a person can be punished if they deceive someone into buying property using false documents, fake ownership claims, or suppressed information. This includes selling the same land to multiple buyers, taking advance money for a flat that is never constructed, or misrepresenting property boundaries or legal status. In all such situations, even though the civil court will decide the actual title and recovery, BNS punishes the fraudulent conduct behind the transaction, helping to reduce real estate scams and financial exploitation.
Another important area where BNS comes into play in property disputes is criminal trespass and unlawful possession. If a person forcefully enters someone else’s house, shop, office, land, or building with the intention to intimidate, annoy, insult, or commit an offence, it amounts to criminal trespass. In many disputes between neighbours, relatives, or co-owners, one party may try to illegally occupy a portion of land or a room in a house. In such cases, civil courts decide long-term rights, but immediate protection can be sought using BNS provisions that punish trespass and wrongful entry. This helps maintain peace and prevents self-help tactics like forcible occupation or locking out rightful occupants.
BNS also provides safeguards through the offence of criminal breach of trust, which is particularly relevant where property or money is entrusted to someone for a specific purpose. For example, in property development, a builder may receive funds from flat purchasers or partners. If that entrusted money or property is dishonestly used for some other purpose, it can amount to criminal breach of trust. Similarly, if a family member, power of attorney holder, or caretaker misuses property entrusted to them for personal gain, BNS provisions can be invoked along with civil suits.

