BNS Section 322 – Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
The Indian Penal Code (IPC) Section – 423
Bharatiya Nyaya Sanhita (BNS) Section 322: Dishonest or Fraudulent Execution of Deed of Transfer Containing False Statement of Consideration
This section deals with the dishonest or fraudulent act of signing or executing a deed or document that contains false information about the payment (consideration) or the intended beneficiary. Below is a simple explanation of the law in easy-to-understand language:
What is the Offence?
The offence occurs when a person:
- Dishonestly or fraudulently signs, executes, or becomes a party to a deed or document.
- The deed or document:
- Transfers or charges (mortgages) any property or interest in it.
- Contains a false statement about:
- The payment (consideration) for the transfer or charge, or
- The person(s) for whose benefit the transfer or charge is intended.
Examples of the Offence
- Example 1:
- A sells his property to B but falsely states in the deed that the payment received is higher than the actual amount. A is guilty under this section.
- Example 2:
- A signs a document transferring property to B but hides that the property is actually meant for C’s benefit. A is guilty under this section.
What is the Punishment?
The punishment for this offence is:
- Jail term of up to 3 years, or
- Fine, or
- Both.
Other Important Details
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | Non-cognizable – Police cannot arrest without a warrant. |
| Bailable or Non-bailable | Bailable – The accused can seek bail. |
| Court for Trial | Any Magistrate – The case can be tried in a Magistrate’s court. |
Key Points to Understand
- Dishonest or Fraudulent Intent:
- The person must act dishonestly or fraudulently by including false information in the deed.
- False Statement:
- The deed must contain false details about the payment or the intended beneficiary.
- Transfer or Charge of Property:
- The deed must involve the transfer or mortgage of property or any interest in it.
Why is this Law Important?
This law is important because:
- It prevents fraud in property transactions.
- It ensures that legal documents are truthful and accurate.
- It protects the rights of individuals involved in property deals.
Summary
The Bharatiya Nyaya Sanhita (BNS) Section 322 makes it a crime to dishonestly or fraudulently sign or execute a deed containing false information about the payment or beneficiary. The punishment includes up to 3 years in jail, a fine, or both. The law ensures honesty in property transactions and protects against fraudulent practices.
