Meaning and Concept of Possession
Possession in jurisprudence refers to the physical control over a thing combined with the intention to exercise such control. It signifies a factual relationship between a person and an object, recognized and protected by law. Possession is not merely custody; it involves an element of mental awareness or intention (animus possidendi). Jurists consider possession as evidence of ownership and a foundation for many legal rights. The law protects possession to maintain peace and order, even when the possessor is not the true owner.
Elements and Legal Recognition
Possession consists of two essential elements: corpus possessionis (physical control) and animus possidendi (intention to possess). Both must coexist for possession to be legally recognized. In Indian law, possession is protected under civil and criminal statutes. For example, Section 6 of the Specific Relief Act, 1963 provides a remedy for recovery of possession even against the true owner if dispossession is unlawful. This shows that possession itself has legal value independent of ownership.
Importance and Juristic Views
Possession plays a vital role in property law and criminal law. Jurists like Savigny emphasized intention as essential, while Ihering focused on physical control backed by legal protection. Protection of possession discourages self-help and violence, ensuring disputes are resolved through courts. Possession also forms the basis of doctrines like adverse possession, where long and continuous possession can ripen into ownership.
Real-Time Illustration
A tenant lawfully occupying a rented house has possession of the property. Even the landlord cannot forcibly evict the tenant without following due legal procedure. If the tenant is unlawfully dispossessed, they can seek legal remedy to regain possession. This highlights how law protects possession irrespective of ownership.
Mnemonic for Easy Recall
A simple mnemonic to remember possession is “CAI”.
C – Corpus (physical control)
A – Animus (intention)
I – Intention protected by law
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