CRIMINAL LAW AND OFFENCES AGAINST PROPERTY IN INDIA: BALANCING LEGAL PROTECTION, JUDICIAL INTERPRETATION, AND ENFORCEMENT MECHANISMS
AUTHOR – AJAY CHAUHAN, LLM (CRIMINAL LAW) STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY, NOIDA
BEST CITATION – AJAY CHAUHAN,CRIMINAL LAW AND OFFENCES AGAINST PROPERTY IN INDIA: BALANCING LEGAL PROTECTION, JUDICIAL INTERPRETATION, AND ENFORCEMENT MECHANISMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 24-34, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
Offences against property form a significant component of criminal law in India, reflecting the need to safeguard proprietary rights and maintain social order. Rooted historically in the Indian Penal Code, 1860, and now restructured under the Bharatiya Nyaya Sanhita, 2023, these offences include theft, robbery, dacoity, cheating, criminal breach of trust, and mischief. This research paper critically examines the legal framework governing property offences, focusing on the balance between statutory protection, judicial interpretation, and enforcement mechanisms. It analyzes how courts have interpreted essential elements such as dishonest intention, possession, and consent through landmark judgments. The paper further evaluates challenges such as misuse of criminal law in civil disputes, delays in investigation, and technological complexities in modern property crimes. Additionally, it highlights the role of law enforcement agencies and judicial discretion in ensuring justice. By integrating doctrinal and analytical approaches, the study underscores the need for reforms to strengthen enforcement while preventing abuse of legal provisions. The paper concludes that a balanced approach—combining robust legislation, progressive judicial interpretation, and efficient enforcement—is essential to uphold property rights and ensure fairness in India’s criminal justice system.
Keywords: Criminal Law, Property Offences, IPC, Bharatiya Nyaya Sanhita, Judicial Interpretation, Enforcement Mechanisms, Theft, Cheating