Code: Section 343 – BNS
Offense Related to Fraudulent Actions on Important Documents
Whoever fraudulently or dishonestly, or with intent to cause damage or injury to
the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or
deface, or secretes or attempts to secrete any document which is or purports to be a will, or
an authority to adopt a son, or any valuable security, or commits mischief in respect of such
document, shall be punished with imprisonment for life, or with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
Explanation of Section 343 – BNS
Section 343 of the Bharatiya Nyaya Sanhita (BNS) deals with crimes related to the fraudulent manipulation of critical legal documents such as:
- Wills: Documents specifying the distribution of a person’s property after death.
- Authority to Adopt: Legal permissions granting the right to adopt a child.
- Valuable Securities: Documents representing financial value, like bonds, promissory notes, or shares.
The law aims to prevent fraud, forgery, and manipulation of these sensitive documents, as such crimes can cause significant personal and financial harm.
Illustration
Example 1: Forging a Will
A person unlawfully cancels a will to change the inheritance, intending to benefit themselves. This falls under Section 343, punishable with life imprisonment or up to 7 years of imprisonment plus a fine.
Example 2: Secreting a Valuable Security
Someone hides a bond owned by another person to prevent its use, causing financial loss. This action is considered mischief under Section 343.
Example 3: Destroying Authority to Adopt
A person destroys an adoption authorization document to prevent someone from adopting a child. This is a criminal offense under Section 343.
Common Questions and Answers on Section 343 – BNS
1. What types of documents are covered under Section 343?
- Answer: Wills, authority to adopt a son, and valuable securities such as bonds, promissory notes, and financial instruments.
2. What is the punishment for violating Section 343?
- Answer: Life imprisonment or imprisonment for up to 7 years, along with a fine.
3. Does Section 343 apply if the document is not legally valid?
- Answer: Yes, if the person acts fraudulently with intent to cause harm, even if the document is not legally valid, it can still be punishable under Section 343.
4. What is considered ‘mischief’ under Section 343?
- Answer: Mischief refers to any act that causes damage or loss to the document or its owner, such as destroying, altering, or hiding it.
Conclusion
Section 343 – BNS is a crucial provision designed to protect the integrity of essential legal documents. By imposing stringent punishments, the law seeks to deter fraudulent actions that can cause significant harm to individuals and society.
For more expert legal insights, visit ApniLaw! 🚀
