Bharatiya Nyaya Sanhita, 2023
Section 343 BNS: Fraudulent Cancellation, Destruction, Defacement or Secreting of Will or Valuable Security
Section 343 of the Bharatiya Nyaya Sanhita, 2023 protects wills, authorities to adopt a son and valuable securities against fraudulent or dishonest cancellation, destruction, defacement, concealment, attempted interference and mischief.
Documents Covered by Section 343 BNS
- a document which is or purports to be a will;
- an authority to adopt a son; and
- a valuable security.
The phrase "is or purports to be" extends the provision to a document represented as belonging to one of these protected categories.
Acts Covered by Section 343
The section expressly covers:
- cancelling, destroying or defacing the document;
- attempting to cancel, destroy or deface it;
- secreting or concealing it;
- attempting to secrete or conceal it; and
- committing mischief in respect of the document.
Completion of destruction, cancellation, defacement or concealment is not always necessary because specified attempts are themselves included in the statutory wording.
Required Intention or Mental Element
The act must be done fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person.
Mere physical damage to a document does not automatically establish Section 343 unless the statutory mental element and the protected nature of the document are proved.
Meaning of "Will" and "Valuable Security" Under BNS
Will - Section 2(34) BNS
"Will" means any testamentary document.
Valuable Security - Section 2(31) BNS
"Valuable security" means a document which is, or purports to be, a document by which a legal right is created, extended, transferred, restricted, extinguished or released, or by which a person acknowledges legal liability or acknowledges that he does not have a particular legal right.
Essential Ingredients of Section 343 BNS
- there must be a document which is or purports to be a will, authority to adopt a son or valuable security;
- the accused must cancel, destroy, deface, secrete, attempt any of those acts, or commit mischief in respect of the document; and
- the conduct must be fraudulent or dishonest, or done with intent to cause damage or injury to the public or to any person.
Punishment, Cognizability, Bail and Trial Court
| Provision | Punishment | Cognizable | Bailable | Trial court |
|---|---|---|---|---|
| Section 343 BNS | Life imprisonment, or imprisonment of either description up to 7 years, and fine | No | No | Magistrate of the first class |
Relationship With Section 338 and Mischief Provisions
Section 338 BNS deals with forgery of valuable securities, wills and other specified documents. Section 343 addresses fraudulent or dishonest interference with an existing protected document, including cancellation, destruction, defacement, concealment and specified attempts.
Section 343 also expressly includes committing mischief in respect of the protected document, so the facts may require consideration of the general mischief framework under Section 324 BNS.
Official Legal Sources
For authoritative statutory wording and procedural classification, consult the official India Code, NCRB and Ministry of Home Affairs resources listed in the right sidebar.
Frequently Asked Questions
What documents are protected by Section 343 BNS?
Wills, authorities to adopt a son and valuable securities, including documents purporting to belong to those categories.
Does Section 343 cover an attempt to destroy a will?
Yes. The section expressly includes attempts to cancel, destroy or deface, and attempts to secrete, a protected document.
What is the punishment under Section 343?
Imprisonment for life, or imprisonment of either description up to seven years, and fine.
Is Section 343 cognizable?
No. It is non-cognizable.
Is Section 343 bailable?
No. It is non-bailable.
This page provides general legal information. Application of Section 343 depends on the legal character of the document, the alleged act or attempt, the required fraudulent, dishonest or injurious intent, and the evidence in the individual case.