Guarding What We Own

The Bharatiya Nyaya Sanhita, 2023 (BNS) is the new criminal law that has replaced the Indian Penal Code after more than 160 years. One of the most important parts of this law is the chapter on offences against property. Property, whether movable or immovable, is a basic part of people’s lives. It gives individuals a sense of security and stability, and it plays an important role in the economy of society. When someone unlawfully takes away or interferes with another person’s property, it not only harms the owner but also creates insecurity and disorder in society. To prevent such acts, the BNS has laid down clear rules. It describes in detail different crimes related to property such as theft, extortion, robbery, dacoity, criminal misappropriation, breach of trust, cheating and handling stolen property.

Each of these offences is defined carefully and specific punishments are provided depending on how serious the crime is. For example, theft done in a dwelling house is treated more seriously than simple theft, and robbery or dacoity attract even harsher penalties because they involve violence and greater risk to society. By updating and simplifying old provisions, the new law makes these offences easier to understand and apply. It balances the need to protect individual property rights with the larger goal of maintaining peace and order in society.

 What is theft and how is it punished?

Theft is dishonestly taking any movable property out of another’s possession without consent. Punishment is up to 3 years’ imprisonment, fine, or both. For second convictions, punishment is 1 - 5 years rigorous imprisonment and fine. If property is worth under Rs. 5000 and it is a first offence, punishment may be community service.

 What is snatching and what is its punishment?

Snatching is theft where property is suddenly or forcibly seized from a person. Punishment - up to 3 years’ imprisonment and fine.

 What are aggravated forms of theft and their punishments?

(a)
Theft in a dwelling house: up to 7 years and fine.

(b)
Theft by clerk/servant: up to 7 years and fine.

(c)
Theft with preparation to cause death, hurt or restraint: rigorous imprisonment up to 10 years and fine.

 What is extortion and how is it punished?

Extortion is intentionally putting a person in fear of injury to dishonestly induce delivery of property or security. Punishment: up to 7 years and fine.

 What is dishonest misappropriation of property and how is it punished?

Dishonestly misappropriating or converting movable property is punishable with imprisonment up to 2 years, fine, or both.

 What is criminal breach of trust and what are its punishments?

Entrusted property dishonestly misappropriated, converted, or used in violation of law or contract is breach of trust. General punishment: up to 5 years or fine or both. By public servant, banker, merchant, broker, attorney or agent: life imprisonment or up to 10 years and fine.

 What are the offences relating to receiving stolen property?

Receiving or retaining stolen property knowingly: up to 3 years or fine or both. If obtained by dacoity or from gang of dacoits: rigorous imprisonment up to 10 years and fine. Habitual dealing in stolen property: life imprisonment or up to 10 years and fine.

 What is cheating and what are its punishments?

Cheating is deceiving someone to deliver property, or to do/omit an act causing damage. Punishment: up to 3 years, fine, or both.

 What are aggravated forms of cheating?

(a)
Cheating by personation: up to 5 years and fine.

(b)
Cheating and dishonestly inducing delivery of property: up to 7 years and fine.

 What is mischief and how is it generally punished?

Mischief is causing destruction, change, or damage to property with intent to cause wrongful loss. Punishment: up to 6 months, fine, or both.

 What is criminal trespass and its punishment?

Trespass is entering property with intent to commit offence or to intimidate, insult or annoy, or unlawfully remaining there. Punishment: up to 3 months or fine up to Rs. 5000 or both.

Therefore, the provisions on offences against property under the BNS highlight the importance of protecting both people’s possessions and the trust that holds society together. Crimes like theft, cheating, or breach of trust may seem different in nature, but all of them have one thing in common, they are based on dishonesty and cause loss to another person. By defining these acts clearly and prescribing punishments that fit the seriousness of the offence, the law seeks to discourage wrongful acts and provide justice to victims. At the same time, the BNS brings the old provisions into line with modern needs.

It ensures that property offences are not only seen as private wrongs but also as threats to social order and economic security. The message is simple, in a fair society, no one has the right to take away or misuse the property of another, and anyone who does so will face the consequences under law. Thus, the BNS, 2023, continues the age-old principle of safeguarding property but in a clearer, more effective, and updated manner. It reminds us that honesty, fairness, and respect for others’ rights are the foundation of both law and peaceful living.

Muneeb Rashid Malik is an Advocate. He tweets @muneebmalikrash.