Code: Section 244 BNS
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.
Explanation of Section 244 BNS
Section 244 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with individuals who fraudulently claim ownership or rights over property to obstruct its lawful forfeiture or court-ordered seizure.
Key Elements of Section 244 BNS
- Fraudulent Claim – The person knowingly accepts, receives, or claims property with no legal right.
- Deception – They misrepresent facts regarding property rights to obstruct legal proceedings.
- Judicial Proceedings – The person knows that a sentence, decree, or order has been or is likely to be passed.
- Punishment –
- Up to two years imprisonment, or
- Fine, or
- Both.
Illustration
Example 1: False Claim Over Seized Property
A person falsely claims ownership of a confiscated car to prevent the government from auctioning it to recover a court-imposed fine. This act falls under Section 244 BNS.
Example 2: Fraudulent Declaration in Civil Cases
A debtor, aware that his property is about to be seized due to a court decree, transfers ownership to a friend and later claims he has no property. This deception can attract punishment under Section 244 BNS.
Common Questions and Answers on Section 244 BNS
1. What is the objective of Section 244 BNS?
- It ensures that fraudulent claims over property do not obstruct legal penalties, forfeitures, or court orders.
2. Can a person be punished for falsely claiming property in both criminal and civil cases?
- Yes. This section applies when someone fraudulently:
- Prevents property forfeiture under a criminal sentence.
- Blocks seizure of property under a civil decree.
3. What is the punishment for violating Section 244 BNS?
- The guilty person may face:
- Up to two years imprisonment,
- Fine, or
- Both imprisonment and fine.
4. Is claiming someone else’s seized property a criminal offense?
- Yes. If the claim is fraudulent and intended to obstruct court-ordered recovery, it is punishable under Section 244 BNS.
5. What is the difference between Section 243 and Section 244 BNS?
- Section 243 BNS penalizes those who remove, conceal, or transfer property to prevent seizure.
- Section 244 BNS penalizes those who falsely claim ownership or interest in property to prevent seizure.
Conclusion
Section 244 BNS prevents fraudulent property claims that obstruct court-enforced penalties or debt recoveries. This law ensures that justice is upheld, and rightful legal actions are not hindered.
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