Indian Penal Code, 1860
Section 22
repealedMovable 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.
Why this exists
The Indian Penal Code, 1860, needed a clear definition of 'movable property' to apply offences like theft, extortion, and criminal misappropriation correctly. Since land-related disputes were handled separately under property and civil laws, the drafters excluded land and permanently attached fixtures from the definition, keeping the criminal law focus on tangible, transferable objects like cash, jewellery, vehicles, or goods.
How courts read it
Indian courts have generally read this section literally, holding that once something attached to earth (like a tree, or a building fixture) is severed or detached—for example, timber cut from a tree or bricks removed from a wall—it becomes movable property and can be the subject of theft. Courts have thus focused on the state of the property at the time of the alleged offence rather than its original form.
Common misconceptions
- Myth: Trees, crops, or buildings can never be 'movable property' under the IPC.
Fact: Once such things are cut, detached, or removed from the land, they become movable property and can be subject to theft or similar offences. - Myth: This section applies to all property laws in India.
Fact: This definition is specific to the Indian Penal Code and criminal law contexts; other laws like the Transfer of Property Act define 'movable property' separately for civil purposes.