Section 22 IPC - Moveable Property

Section 22 of the Indian Penal Code, 1860 defined the expression "moveable property" for the purposes of the Code. The definition covered corporeal property of every description while expressly excluding land and specified things attached to the earth.

Meaning of Moveable Property under Section 22 IPC

Section 22 was a general definition provision in Chapter II of the IPC. It did not itself create an offence or prescribe a punishment. Instead, it supplied the meaning of "moveable property" for provisions of the Code in which the nature of property was legally relevant.

The statutory definition used the expression "corporeal property of every description." Its wording was therefore directed to tangible property, subject to the express exclusions stated in the section.

What Section 22 Includes

The definition is inclusive in form. The words "are intended to include" are followed by the broad expression "corporeal property of every description." Accordingly, the focus is on tangible property capable of falling within that statutory description, except where the property is excluded by its connection with land or the earth.

Whether a particular subject falls within the definition must be considered in the context of the relevant IPC provision and the facts concerning the nature and condition of the property.

Property Excluded from Section 22

Section 22 expressly excluded three connected categories:

• land;
• things attached to the earth; and
• things permanently fastened to anything which is attached to the earth.

The exclusion reflects the distinction drawn in the section between moveable corporeal property and property that forms part of, is attached to, or is permanently fastened to something attached to the earth.

Meaning of Corporeal Property in Section 22

The word "corporeal" in Section 22 is important. The statutory language describes property having a tangible or physical character. The section should therefore be applied according to its own wording rather than by automatically importing every meaning of movable property that may appear in other statutes enacted for different purposes.

Why the Definition Matters under the IPC

The definition of moveable property was relevant to property offences and other IPC provisions where the legal character of the subject matter formed part of the statutory ingredients. Section 22 provided a common definition for the Code, subject to the operation of the particular provision in which the expression appeared.

For example, the IPC provisions dealing with theft used the concept of moveable property as part of the offence. Section 22 therefore assisted in determining whether the property concerned fell within the Code's defined category before the remaining ingredients of the particular offence were considered.

Related IPC Definitions

Section 22 formed part of the general definitions in Chapter II. Nearby provisions include Section 19 IPC - Judge, Section 20 IPC - Court of Justice and Section 21 IPC - Public Servant.

The general interpretative rule in Section 6 IPC is also relevant when reading definitions appearing throughout the Code.

Legal Position before Bharatiya Nyaya Sanhita 2023

Quick Summary

Section 22 IPC defined "moveable property" to include corporeal property of every description, but excluded land, things attached to the earth and things permanently fastened to anything attached to the earth. It was a definition provision and did not independently create an offence or punishment.