Offences Against Property Under The Bharatiya Nyaya Sanhita, 2023: A Doctrinal Analysis

Written by: Monika Mangesh Sawant, LL.B ( 3^rd year ), Mumbai University

Published on: 23^rd February 2026

Abstract

This paper critically examines offences against property under the Bharatiya Nyaya Sanhita, 2023, with particular reference to structural reform, conceptual clarity and technological adaptation. Property remains central to economic security and social order, and criminal law plays a pivotal role in safeguarding proprietary interests. The study analyses the statutory framework governing theft, cheating, robbery, dacoity, criminal breach of trust and criminal misappropriation, while comparatively evaluating the transition from the Indian Penal Code, 1860, to the Bharatiya Nyaya Sanhita, 2023. The research highlights the modernisation of criminal jurisprudence through simplified drafting, rationalised punishments, recognition of digital and electronic evidence, and inclusion of cyber-enabled economic offences. Judicial precedents under the IPC are examined to demonstrate continuity in interpretative principles, particularly regarding mens rea and dishonest intention. The paper concludes that while the Bharatiya Nyaya Sanhita represents a progressive and justice-oriented reform, its long-term efficacy depends upon institutional training, forensic capacity, digital infrastructure and consistent judicial interpretation.

Keywords: Bharatiya Nyaya Sanhita 2023, Indian Penal Code 1860, Offences Against Property, Criminal Misappropriation, Criminal Breach of Trust, Cheating and Fraud, Cyber Crime, Mens Rea, Digital Evidence, Community Service, Criminal Law Reform

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