Code:
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 practices 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 of Justice 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 of Justice 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.
Explanation:
This section criminalizes the act of making a false claim to property with the intention of preventing it from being seized by a public servant.
The key elements of this offense are:
- Making a false claim to property
- Intention to prevent seizure by a public servant
A person who makes a false claim to property, knowing it to be false, with the intention of preventing it from being seized by a public servant, can be held liable under this section.
Illustration:
A police officer arrives at a house to seize contraband. The homeowner falsely claims that the contraband belongs to someone else and provides false documents to support their claim. This is an example of an act that falls under Section 207 of the IPC.
Common Question and Answers:
Q: What is the punishment for violating Section 207 of the IPC?
A: The punishment for violating this section is imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Q: Can a person be charged under Section 207 even if the property is not actually seized?
A: Yes, the offense is complete when a person makes a false claim with the intention to prevent seizure, even if the seizure doesn’t actually occur.
Q: Is this offense applicable only to movable property?
A: No, this offense applies to both movable and immovable property.
