Possession In Jurisprudence

Possession In Jurisprudence

🔷 Meaning of Possession

The concept of possession is one of the most basic and important topics in jurisprudence.
It means holding or control over a thing or object, whether legally owned or not.
Possession ≠ Ownership, but possession is often treated almost like ownership in the eyes of law.

“Possession is the physical control or occupation of a thing with the intention to hold it as one’s own.” – Salmond

🔶 Importance of Possession in Law

Presumption of Ownership: Law often assumes that the person in possession is the owner unless proven otherwise.
Legal Protection: Even a person without legal ownership has rights over possession.
Transfer of Ownership: Ownership is often transferred through possession (like selling, gifting, etc.).
Basis of Property Law: Possession plays a big role in property law and criminal law.

🔹 Two Main Elements of Possession

Corpus Possidendi – Physical control or power over the object.
Animus Possidendi – Intention to possess and exclude others.

✳️ Example:

If you are holding your phone:

Corpus – You physically have it.
Animus – You intend to keep it for yourself.

🔶 Types of Possession

1. Actual Possession

Direct physical control over the object.
Example: Holding a pen in your hand.

2. Constructive Possession

No direct control, but still has legal control.
Example: Keeping gold in a bank locker. You don’t hold it but it’s yours.

3. Legal Possession

Possession protected and recognised by law.
Can be with or without ownership.
Example: Tenant occupying a rented house.

4. Illegal Possession

Possession without legal right.
Example: A person occupying another's land without permission.

5. Possession in Fact vs Possession in Law

Possession in Fact (De Facto)	Possession in Law (De Jure)
Physical control of a thing	Recognised by law
May or may not be legal	Always legal

🔷 Modes of Acquisition of Possession

1. Original Possession

First time possession of an object.
Example: Picking a stone from a river.

2. Derivative Possession

Possession transferred from another person.
Example: Receiving a parcel, borrowing a book.

🔶 Distinction between Possession and Ownership

Possession	Ownership
Physical control	Legal title or right
Can exist without ownership	Implies legal authority
Short-term or temporary	Long-term or permanent
Protected even if illegal	Protected by law fully

🔷 Legal Maxim: “Possessio est bonum titulum”

“Possession is a good title against the whole world except the true owner.”

This means if a person has possession, he has legal rights even against everyone except the real owner.

🔶 Possessory Remedies (Legal Protection of Possession)

Trespass Action – If someone enters your possession without permission.
Recovery of Possession – Possessor can recover even from a thief.
Injunction – Court can stop someone from interfering in your possession.

🔷 Case Laws on Possession

✅ Armory v. Delamirie (1722)

A chimney sweep boy found a jewel and gave it to a goldsmith.
Goldsmith tried to keep it.
Held: The boy, though not the owner, had better possession rights than the goldsmith.

✅ K.K. Verma v. Union of India (1954)

Explained difference between possession in law and possession in fact.

✅ Krishna Ram Mahale v. Shobha Venkat Rao (1989)

Supreme Court said even illegal possession is protected under law, and cannot be taken away without due legal process.

🔷 Possession and Indian Law

Indian Penal Code (IPC), Transfer of Property Act, Evidence Act, and Specific Relief Act all recognise and protect possession.
Section 6 of the Specific Relief Act, 1963 – No one can be dispossessed without following due legal process, even if the possessor is a trespasser.

🔶 Conclusion

Possession is not just physical holding—it also involves legal rights and intentions.
It is protected by law even against the true owner unless that owner follows proper legal procedures.
It is a bridge between ownership and actual control, and the legal system gives it great importance for maintaining order and justice in society.

Comments