IPC Section 22: Movable Property and BNS Section 2(21)
Section 22 of the Indian Penal Code, 1860 defined movable property for the purposes of the IPC. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 2(21), which uses broader wording.
Original definition under IPC Section 22
Section 22 - Movable property:
The words "movable property" are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.
The expression corporeal property generally refers to tangible property having a physical existence. The former IPC definition expressly used that expression, and excluded land and specified fixtures attached to land.
Current law: BNS Section 2(21)
Section 2(21), Bharatiya Nyaya Sanhita, 2023:
"movable property" includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth;
The BNS came into force on 1 July 2024. Section 2(21) removes the word "corporeal" found in the former IPC definition. This broadens the language of the definition, although whether a particular intangible interest falls within a specific criminal offence must still be assessed in light of that offence's elements and applicable judicial interpretation.
IPC Section 22 and BNS Section 2(21): Key differences
| Issue | IPC Section 22 | BNS Section 2(21) |
|---|---|---|
| Statutory wording | Includes "corporeal property of every description" | Includes "property of every description" |
| Land and fixtures | Expressly excluded | Expressly excluded |
| Application | Relevant to the former IPC and saved proceedings | Definition used under the BNS, subject to context |
What is movable property? Practical examples
Ordinary examples of movable property include cash, jewellery, vehicles, furniture, mobile phones, equipment and other goods capable of being moved. Land, buildings and things attached to the earth or permanently fastened to something attached to the earth are generally outside this particular statutory definition.
Property connected to land may raise more difficult questions. For example, the legal treatment of a machine fixed to a building can depend on the nature and permanence of its attachment. Whether digital assets, electronic records or intangible rights are covered in a particular prosecution requires consideration of the applicable offence and other relevant laws; the change in wording alone does not settle every such issue.
Why the definition matters in criminal cases
The meaning of movable property can be relevant to offences concerning property, including theft and dishonest misappropriation. However, establishing that an item is movable property is only one part of proving an offence. The prosecution must also establish the other statutory ingredients, such as the required conduct and mental element.
For example, Section 303 BNS deals with theft, including the dishonest moving of movable property out of another person's possession without consent. The precise facts and statutory requirements determine whether the offence is made out.
Does IPC Section 22 still matter?
Yes, for interpreting the former IPC in matters governed by it. Section 358 of the BNS repeals the IPC while preserving specified prior operations, liabilities, investigations and proceedings. The applicable law depends on the date of the alleged conduct and the relevant saving provisions. The BNS definition should not automatically be applied retrospectively to change the legal position for earlier conduct.
Official legislation and reference sources
Read the official Bharatiya Nyaya Sanhita, 2023 (India Code PDF), the India Code Act record, and the Ministry of Home Affairs new criminal laws resource page. For authoritative interpretation in a particular case, consult the statutory text and applicable court decisions.
Frequently asked questions
What is the new BNS section corresponding to IPC Section 22?
Section 2(21) of the Bharatiya Nyaya Sanhita, 2023 defines movable property.
Is land movable property under the BNS?
No. Section 2(21) expressly excludes land and things attached to the earth or permanently fastened to anything attached to the earth.
Does the BNS definition cover intangible property?
The BNS omits the IPC's express restriction to "corporeal" property. The treatment of a particular intangible asset depends on the wording of the offence, other applicable legislation and judicial interpretation.
Is the definition itself a punishable offence?
No. IPC Section 22 and BNS Section 2(21) are definition provisions; punishment, if any, arises under the relevant substantive offence.
Legal note: This article provides general statutory information and is not a substitute for advice on the facts of an individual case.