What Can a Property Owner Do If Police Support Illegal Occupiers?

Hey there! Illegal occupation of house or land is a big issue in India. Things get really tough when the police take the side of the person who has grabbed the property. So, what powers does the real owner have? Let’s break it down simply, based on the Bharatiya Nyaya Sanhita 2023 (BNS) and the Indian Constitution. This information is updated up to 2025, including recent court decisions. Keep in mind, this is general guidance – always consult a lawyer for your specific situation.

Understanding the Problem

Land disputes are common across India. Illegal occupation, also called encroachment, can be treated as a civil matter or a criminal one. Under the BNS 2023 (which came into force on July 1, 2024), illegal entry with bad intent is criminal trespass under section 329. You need to prove the intent.

If police refuse to register your FIR, avoid investigation, or even help the occupier, they are failing in their duty. The Indian Constitution protects you through:

• Article 14: Equality before the law
• Article 21: Right to life and personal liberty (includes property rights)
• Article 300A: No one can take your property without legal process

You can complain against the police, go to higher officers, or approach courts. Here’s how.

Your Legal Options as the Owner

When police seem to support the illegal occupier, try these steps one by one.

1.  Complaints Within the Police System

Start simple. Write a complaint to the district Superintendent of Police (SP) or a senior officer. Under Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) section 173, police are required to investigate. If they don’t, the officer can face departmental action.

If corruption is involved, file under the Prevention of Corruption Act 1988. BNS section 223 covers public servants holding illegal property or benefits.

2. Civil Court Remedies

Go to civil court and file an eviction suit to remove the occupier (under Specific Relief Act or state laws). You can also ask for an injunction to stop further interference.

If police are blocking you, request the court to issue directions to the police.

Another option is a title suit to prove your ownership and get a court declaration.

3. Criminal Remedies

If police won’t register FIR, file a private complaint directly in the magistrate court under BNSS section 223. Prove the case under BNS 329 for trespass.

Police negligence can fall under BNS section 221, with punishment up to one year in jail.

4. Constitutional Remedies: Writ in High Court

This is powerful. File a writ petition in High Court under Article 226.

• Use mandamus to force police to act.
• Use certiorari to cancel any wrong police orders.

If your life or property is in real danger because of police inaction, demand protection – but you must show clear proof of threat.

In extreme cases of fundamental rights violation, approach Supreme Court under Article 32, though most start at High Court.

5. Other Helpful Bodies

Complain to the State Human Rights Commission or Lokayukta if police are misusing power.

For government land, contact revenue department or municipal corporation. For private property, courts are usually the best path.

As of 2025, courts are taking strict action against police misuse, and BNS penalties are higher to deter such issues.

Lessons from Recent Court Cases

Courts have repeatedly backed property owners when police act unfairly. Here are some important examples:

• Supreme Court on land grabbing (2025): Even peaceful illegal occupation is punishable. Owners can use writ petitions to make police act. Clarifies intent under BNS 329.
• Supreme Court on police guidelines (2023): Highlighted lack of clear rules leads to misuse. Suggested states create better laws. Challenge bias via Article 226.
• Himachal Pradesh High Court (2024-2025): Stressed strict measures against encroachment on public land. Inactive police can be forced to act through writ.
• Kerala High Court on mandamus (2025): Writ for directions only if clear law violation proved. Serious threat needed for protection orders.
• Calcutta High Court (2025): Don’t skip civil courts for private disputes using Article 226, but accept if fundamental rights are violated.
• Supreme Court directions to states (2024): Criticized poor handling of encroachment cases. States must issue notices and take responsibility if police fail.

These judgments show that with proper evidence, courts protect owners. BNS 2023 has made laws clearer, and the Constitution ensures police accountability.

Final Thoughts

If police are supporting an illegal occupier, don’t lose hope. You have strong backing from BNS 2023 criminal sections, Constitution Articles 14, 21, 300A, and 226. Begin with internal police complaints, then move to courts if needed.

By 2025, courts are deciding these cases faster to deliver justice.

Facing this issue yourself? Reach out to a lawyer immediately for personalized help.

What do you think?