Bharatiya Nyaya Sanhita, 2023

Section 244 BNS: Fraudulent Claim to Property to Prevent Its Seizure

Section 244 of the Bharatiya Nyaya Sanhita, 2023 deals with fraudulent acceptance, receipt or claim of property, or deception concerning rights in property, where the intention is to prevent lawful forfeiture, recovery of a fine, or execution of a civil decree or order.

Current legal position: Section 244 BNS corresponds to former Section 207 of the Indian Penal Code, 1860. The offence is punishable with imprisonment up to two years, or fine, or both.

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Text of Section 244 BNS

244. Fraudulent claim to property to prevent its seizure as forfeited or in execution.

Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practises any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Meaning and scope of Section 244 BNS

The section addresses fraudulent claims or dealings used to place property beyond lawful forfeiture or execution. It may apply where a person knowingly accepts, receives or claims property despite having no right or rightful claim to it, or practises deception concerning a right or interest in property.

The prohibited conduct must be accompanied by the intention to prevent the property or interest from being taken as forfeiture, in satisfaction of a fine, or in execution of a decree or order of a civil court. The provision also covers a sentence, decree or order that has not yet been made where the person knows that it is likely to be made.

Essential ingredients of the offence

Section 244 BNS ordinarily involves the following elements:

  1. The subject matter is property or an interest in property.
  2. The accused fraudulently accepts, receives or claims that property or interest, or practises deception concerning a right to it.
  3. The accused knows that he has no right or rightful claim to the property or interest.
  4. The conduct is intended to prevent the property from being taken as forfeiture, in satisfaction of a fine, or in execution of a civil decree or order.
  5. The relevant sentence, decree or order has already been made, or the accused knows that it is likely to be made.

Punishment and procedural classification

Punishment Imprisonment of either description for a term which may extend to two years, or fine, or both.
Cognizable No. The offence is non-cognizable.
Bailable Yes.
Court having jurisdiction to try Any Magistrate.

Procedural point: The procedural classification should be read with the Bharatiya Nagarik Suraksha Sanhita, 2023 and its First Schedule. Other offences alleged on the same facts may have different classifications.

Corresponding provision under the Indian Penal Code

Section 244 BNS corresponds to Section 207 of the Indian Penal Code, 1860. The essential subject matter remains fraudulent claiming or receipt of property to prevent lawful seizure, forfeiture or execution.

The Bharatiya Nyaya Sanhita came into force on 1 July 2024, subject to the statutory commencement notification and repeal and savings provisions. For alleged conduct before that date, the applicable penal provision should be determined with reference to the date of the offence and the relevant savings provisions.

Illustrative situations

Depending on the evidence and surrounding facts, Section 244 BNS may be relevant where a person:

  • fraudulently claims ownership of property to prevent it from being seized;
  • accepts or receives property while knowing that he has no lawful claim to it and does so to defeat execution;
  • creates a deceptive claim concerning an interest in property to prevent recovery of a fine;
  • misrepresents rights in property to obstruct forfeiture; or
  • asserts a false interest after learning that a decree or order affecting the property is likely to be made.

These examples are explanatory only. Liability depends on the statutory ingredients and the facts proved in the individual case.

Frequently asked questions

What is the maximum imprisonment under Section 244 BNS?

The maximum term is two years. The court may impose fine instead, or both imprisonment and fine.

Is Section 244 BNS bailable?

Yes. It is classified as bailable.

Is Section 244 BNS cognizable?

No. It is classified as non-cognizable.

Which court can try an offence under Section 244 BNS?

The offence is triable by any Magistrate.

Which IPC provision corresponds to Section 244 BNS?

Section 207 of the Indian Penal Code, 1860.