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Civil & constitutional · LEGAL ISSUE GUIDE

Property Rights / Possession

संपत्ति अधिकार

Search constitutional protection against unlawful deprivation of property and related criminal conduct.

Understanding this legal issue

Search constitutional protection against unlawful deprivation of property and related criminal conduct.

Property ownership and possession disputes often turn on civil and state-specific laws not included here. The criminal provisions are only potentially relevant where their separate ingredients exist.

Key question: Is the dispute about title, possession, fraud, trespass or registration?
SELECTED PROVISIONS · NOT AN EXHAUSTIVE LIST

Constitutional context

Article 300A

Persons not to be deprived of property save by authority of law

Protects against deprivation of property except by authority of law.

Official law source ↗
Article 14

Equality before law

Addresses equality before the law and equal protection of laws.

Official law source ↗

Related property offences

BNS 303

Theft

Addresses theft and its punishment provisions.

Earlier-law reference: IPC 378 / 379 · orientation only
Official law source ↗
BNS 314

Dishonest misappropriation of property

Covers dishonest misappropriation under the provision.

Earlier-law reference: IPC 403 · orientation only
Official law source ↗
BNS 316

Criminal breach of trust

Covers entrustment-related dishonest misappropriation and its variants.

Earlier-law reference: IPC 405–409 (subsection-dependent) · orientation only
Official law source ↗
BNS 338

Forgery of valuable security, will, etc.

Addresses certain aggravated kinds of forgery.

Earlier-law reference: IPC 467 · orientation only
Official law source ↗

Remedies & limitation

Limitation Act 3

Bar of limitation

Prescribes dismissal of proceedings instituted after limitation, subject to the Act.

Official law source ↗
Limitation Act 14

Exclusion of time in proceeding bona fide in court without jurisdiction

Addresses specified periods spent prosecuting certain proceedings in good faith before a forum unable to entertain them.

Official law source ↗
Before relying on these references: Read the full official law, check sub-sections, schedules, exemptions, dates, special Acts, transition rules and current judicial interpretation. Mentioning a section here does not mean it applies to every fact pattern.