Code: Section 323 BNS
Whoever dishonestly or fraudulently conceals or removes any property of himself
or any other person, or dishonestly or fraudulently assists in the concealment or removal
thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished
with imprisonment of either description for a term which may extend to three years, or with
fine, or with both.
Explanation of Section 323 BNS
Section 323 of the Bharatiya Nyaya Sanhita (BNS) criminalizes the dishonest or fraudulent concealment or removal of property. This provision is designed to deter individuals from engaging in activities that obstruct the lawful possession, recovery, or distribution of property.
The section applies to:
- Concealment or removal of property with dishonest intent.
- Assisting in such activities, even if indirectly involved.
- Dishonest release of claims or demands, where an individual wrongfully waives their rightful claim.
This law aims to ensure transparency and fairness in the handling of property and legal claims.
Illustration
Example 1: Hiding Assets to Evade Creditors
A person facing legal action from creditors hides valuable assets in a secret location to prevent creditors from seizing them. This act of concealment is punishable under Section 323.
Example 2: Assisting in Property Concealment
An employee helps a business owner move company assets to an undisclosed location to avoid tax liabilities. This assistance in fraudulent concealment falls under Section 323.
Example 3: Dishonest Release of Claims
A person who is legally entitled to a financial claim fraudulently releases the claim without proper consideration, intending to benefit another party. This dishonest act is punishable under Section 323.
Common Questions and Answers on Section 323 BNS
1. What does Section 323 BNS prohibit?
- Answer: It prohibits dishonest or fraudulent acts related to the concealment, removal, or release of property or legal claims.
2. What types of property are covered under this section?
- Answer: It applies to all types of property, including movable, immovable, tangible, and intangible assets.
3. What are the punishments under Section 323 BNS?
- Answer: The offender may face imprisonment for up to three years, a fine, or both.
4. Does this apply if the property belongs to someone else?
- Answer: Yes, it applies to fraudulent concealment or removal of property belonging to oneself or any other person.
Conclusion
Section 323 of the BNS plays a critical role in safeguarding property rights and ensuring that individuals cannot fraudulently conceal or remove assets to evade legal obligations. By imposing strict penalties for such dishonest acts, it upholds the principles of justice, accountability, and fairness in property transactions and legal claims.
