BNS 2023: Property, Document and Reputation Offences

Posted on Jan 29, 2026 in Law

I. Offences Against Property

Property offences protect the security of ownership, possession, and lawful enjoyment of movable and immovable property. Under the Bharatiya Nyaya Sanhita, 2023 (BNS), these offences are found in Chapter XVII and include theft, extortion, robbery, dacoity, criminal misappropriation, criminal breach of trust, cheating, and mischief. They are based on the principle that no person should unlawfully deprive another of their property or interfere with it dishonestly.

1. Theft (Section 303, BNS)

Definition:
A person commits theft if they dishonestly take any movable property out of the possession of any person without that person’s consent and move that property to take it away.

Key essentials:

• Dishonest intention — the act must be done to cause wrongful gain or wrongful loss.
• Movable property — only movable property can be stolen (e.g., jewellery, phone).
• Possession of another — the property must be in someone else’s possession; ownership is not necessary.
• Without consent — absence of free consent of the possessor.
• Movement of property — actual movement, however slight, completes theft.

Illustration:
A takes B’s watch lying on a table with intent to permanently deprive B. As soon as A moves the watch, theft is complete.

Punishment:
Up to 3 years imprisonment, or fine, or both.

Case example:
Pyare Lal Bhargava v. State of Rajasthan (1963) — removing government files temporarily constituted theft since possession was dishonest.

2. Extortion (Section 306, BNS)

Definition:
When a person intentionally puts another in fear of injury and thereby dishonestly induces the person to deliver property or valuable security, they commit extortion.

Essentials:

• Intentionally putting the person in fear of injury.
• Dishonest inducement to deliver property.
• Consent is obtained but through fear.

Illustration:
A threatens B’s son with harm unless B gives 7,000. B pays due to fear — A commits extortion.

Difference between theft and extortion:

Punishment:
Up to 7 years imprisonment and fine.

3. Robbery (Section 308, BNS)

Definition:
Robbery is an aggravated form of theft or extortion involving violence or threat of violence.

Two forms:

1. Theft becomes robbery — if the offender voluntarily causes or attempts to cause death, hurt, or wrongful restraint in committing theft.
2. Extortion becomes robbery — if the offender puts the person in immediate fear of death or hurt to obtain delivery.

Illustration:
A points a gun at B and snatches his wallet — robbery.

Essentials:

• Theft or extortion.
• Presence of violence or threat of instant harm.
• Immediate connection between violence and taking of property.

Punishment:
Up to 10 years imprisonment and fine.

Aggravated form:
If committed on a highway or at night — up to 14 years imprisonment.

4. Dacoity (Section 310, BNS)

Definition:
When robbery is committed by five or more persons acting conjointly, every person so participating is said to commit dacoity.

Essentials:

• Five or more persons.
• Common intention to commit robbery.
• Active participation or presence aiding the offence.

Illustration:
Six men break into a house at midnight, threaten family members, and loot valuables — this is dacoity.

Punishment:
Rigorous imprisonment for life, or up to 10 years, and fine.

Attempt to commit dacoity:
Even mere preparation with five or more persons is punishable.

5. Criminal Misappropriation of Property (Section 312, BNS)

Definition:
Dishonest misappropriation or conversion of movable property belonging to another person to one’s own use.

Essentials:

• Property belonging to another.
• Dishonest intention.
• Misappropriation or conversion to personal use.

Illustration:
A finds B’s lost purse and keeps it, knowing the owner — A commits criminal misappropriation.

Punishment:
Imprisonment up to 2 years, or fine, or both.

Aggravated form:
If misappropriated property is found treasure or a lost article, punishment may increase.

6. Criminal Breach of Trust (Section 314, BNS)

Definition:
When a person entrusted with property or dominion over it dishonestly misappropriates or converts it to their own use or violates legal direction of its disposal.

Essentials:

• Entrustment of property.
• Dishonest misappropriation.
• Violation of trust or direction.

Illustration:
A company cashier entrusted with funds uses them for gambling — criminal breach of trust.

Punishment:
Up to 5 years imprisonment or fine, or both.

Special forms:

• By public servant, banker, or merchant — up to life imprisonment.

Case example:
R. K. Dalmia v. Delhi Administration (1962) — entrusted money includes both cash and intangible assets.

7. Cheating (Section 318, BNS)

Definition:
Deceiving a person and fraudulently or dishonestly inducing them to deliver property or to do or omit something causing harm.

Essentials:

• Deception of a person.
• Dishonest inducement to deliver property.
• Resulting damage or harm.

Illustration:
A pretends to be a government officer and takes 95,000 from B to secure a job — cheating.

Punishment:
Imprisonment up to 3 years, or fine, or both.

Aggravated cheating:
If property is delivered — up to 7 years and fine.

Difference between cheating and breach of trust:

8. Mischief (Section 322, BNS)

Definition:
Causing destruction or change to property with intent or knowledge of likely wrongful loss or damage to the owner.

Essentials:

• Intent or knowledge to cause wrongful loss.
• Destruction, damage, or change in property.
• Property must belong to another.

Illustration:
A damages B’s car to take revenge — mischief.

Punishment:
Depends on the amount of damage — may extend to 5 years imprisonment or fine.

Aggravated mischief:
If it causes damage to public roads, bridges, communication lines, etc. — punishment up to life imprisonment.

II. Offences Against Documents

These offences aim to preserve the integrity and authenticity of legal documents and protect public confidence in written or digital records.

1. Making False Evidence (Section 231, BNS)

Definition:
When a person fabricates or gives false evidence with intent that it may appear in judicial proceedings or mislead the court.

Essentials:

• False statement or document made or given.
• Intention to mislead a judicial authority or cause conviction/acquittal.
• Knowledge that the statement is false.

Illustration:
A, in a court case, falsely swears that he saw B commit theft though he did not — making false evidence.

Punishment:
Up to 7 years imprisonment and fine.

Aggravated form:
If false evidence is intended to convict a person for death or life imprisonment — punishment may extend to life imprisonment.

2. Forgery (Section 335, BNS)

Definition:
Making a false document or electronic record with intent to cause damage, support a false claim, or commit fraud.

What is a “false document”:
A document made, signed, sealed, or executed dishonestly to make it appear genuine though it is false in fact.

Essentials:

• Making or altering a document falsely.
• With intent to cause injury, fraud, or deception.

Illustration:
A forges B’s signature on a will to obtain property — forgery.

Punishment:
Imprisonment up to 7 years and fine.

Aggravated forms:

• Forgery of valuable security, will, or public record — up to life imprisonment.

III. Offences Against Reputation

Defamation (Section 356, BNS)

Definition:
Whoever, by words (spoken or written), signs, gestures, or visible representations, makes or publishes any imputation concerning another person, intending to harm or knowing it will harm their reputation, commits defamation.

Essentials:

• Imputation concerning another person.
• Publication to a third person.
• Intention or knowledge to harm reputation.
• Reputation must be harmed in the eyes of others.

Illustration:
A writes in a newspaper that B is a smuggler without proof. It harms B’s reputation — A commits defamation.

Punishment:
Up to 2 years imprisonment, or fine, or both.

Forms of defamation:

1. Libel — written or printed form.
2. Slander — spoken or gestural form.

Exceptions to defamation:

1. Truth for public good — statements made for public benefit are exempt.
2. Public conduct of public servants — fair criticism in good faith of public duties.
3. Reports of judicial proceedings — publishing accurate court proceedings.
4. Opinion on public questions or works — honest expression of opinion on literary or artistic performance.
5. Censure by authority — statements made under lawful authority (e.g., teacher to student).
6. Complaint to lawful authority — lodging a complaint in good faith.

Case example:
Subramanian Swamy v. Union of India (2016) — the Supreme Court upheld criminal defamation as valid under Article 19(2) (reasonable restriction on free speech).

Summary Table: Property, Document, and Reputation Offences under BNS