Landlord–tenant disputes are mainly civil matters, but the Bharatiya Nyaya Sanhita (BNS), 2023 becomes relevant when any criminal acts occur during the dispute. BNS provides protection by penalizing offences like illegal entry, threats, harassment, property damage, cheating, and use of forged documents. While civil courts decide rent and eviction matters, BNS ensures strict action against any criminal behaviour between landlords and tenants.
Landlord–Tenant Issues
Landlord–tenant issues such as eviction, rent disputes, possession, or maintenance fall under civil tenancy laws, not the Bharatiya Nyaya Sanhita (BNS), 2023. However, when disputes lead to criminal acts, the BNS becomes applicable. The BNS provides protection to both landlords and tenants by punishing any unlawful conduct that occurs during such conflicts.
1. Criminal TrespassBNS applies if a landlord enters the tenant’s premises without permission, or if a tenant forcefully continues to occupy the property after lawful termination.
2. Criminal Intimidation & HarassmentThreats, pressure to vacate, forcing signatures, or using violence by either party is punishable under BNS.
3. Mischief & Property DamageIf a landlord cuts electricity/water to harass a tenant, or if a tenant intentionally damages property or fixtures, BNS provisions on mischief apply.
4. Cheating & Forgery
Using fake documents, forged agreements, false identity, or misleading information in a tenancy arrangement can lead to BNS charges for cheating or forgery.
Overview
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Description
Landlord–tenant issues are primarily governed by civil tenancy laws, but when disputes escalate into unlawful behaviour, the Bharatiya Nyaya Sanhita (BNS), 2023 provides strong criminal protection for both parties. While civil courts decide matters like rent, possession, and eviction, BNS deals with the criminal offences that may arise during such conflicts.
Under BNS, a landlord can be punished for criminal trespass if they enter the rented property without the tenant’s consent or use force to evict them. Similarly, a tenant who continues occupying the property through intimidation, threats, or unlawful force can also face criminal liability. The BNS also covers criminal intimidation, meaning that verbal threats, physical force, or coercion—used by either party to pressure the other—are punishable offences.
If a landlord tries to harass a tenant by cutting electricity, water, or essential utilities, it may fall under mischief, as such actions cause wrongful loss. On the other hand, a tenant who intentionally damages the property, fixtures, or fittings with dishonest intent can be charged under the same provision.
The BNS also addresses cheating and forgery in rental agreements. If either the landlord or tenant uses fake documents, provides false information, forges signatures, or manipulates agreements to gain illegal advantage, BNS provisions on cheating, fraud, and use of forged documents can be applied.
Overall, while tenancy rights and eviction processes remain civil matters, the Bharatiya Nyaya Sanhita ensures that any criminal behaviour—such as threats, force, fraud, forgery, trespass, or property damage during landlord tenant disputes is strictly punishable, thereby ensuring safety, accountability, and lawful conduct between both parties.
