BNS Section 323 – Dishonest or fraudulent removal or concealment of property
The Indian Penal Code (IPC) Section – 424
Bharatiya Nyaya Sanhita (BNS) Section 323: Dishonest or Fraudulent Removal or Concealment of Property
This section deals with the dishonest or fraudulent act of hiding, removing, or releasing property or claims. 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:
- Hides or removes their own property or someone else’s property.
- Helps someone else hide or remove property.
- Releases a claim or demand they are entitled to (e.g., giving up a legal right to recover money).
Examples of the Offence
- Example 1:
- A hides his car to avoid it being seized by creditors. A is guilty under this section.
- Example 2:
- A helps B hide stolen goods to avoid detection. A is guilty under this section.
- Example 3:
- A gives up his legal claim to recover money owed to him to avoid paying his own debts. 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 to hide, remove, or release property or claims.
- Property or Claims:
- The property can belong to the person or someone else.
- The claim or demand must be something the person is legally entitled to.
- Assisting Others:
- Helping someone else hide or remove property is also a crime.
Why is this Law Important?
This law is important because:
- It prevents dishonest individuals from hiding or removing property to avoid legal obligations.
- It ensures that rightful claims and demands are not fraudulently released.
- It promotes fairness and honesty in financial and legal matters.
Summary
The Bharatiya Nyaya Sanhita (BNS) Section 323 makes it a crime to dishonestly or fraudulently hide, remove, or release property or claims. The punishment includes up to 3 years in jail, a fine, or both. The law ensures that dishonest actions are punished and protects the rights of individuals and creditors.
