BNS Section 244: Fraudulent Claim to Avoid Property Seizure

Section 244 falls under Chapter 14 of the Bharatiya Nyaya Sanhita (BNS). Chapter 14 covers offences of false evidence and offences against public justice. Each section under this chapter deals with different offences related to matters that obstruct the delivery of public justice. Section 244 specifically deals with preventing lawful seizure of property. Let us take a closer look at its provisions.

Definition of BNS Section 244

Section 244 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“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 and Illustration of BNS Section 244

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of obstructing lawful seizure of property. Let us break down the section to get a better understanding of it.

Offence

This section is supplementary to Section 243. Section 243 states that if a person transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture. In other words, if a person tries to evade the lawful seizure of property ordered by a court or any other competent authority by either physically transferring the property to someone else or by transferring its ownership rights to someone else to avoid seizure of property.

Section 244 on the other hand states if any person accepts, receives or claims any property which is being transferred or received for the purpose of preventing its lawful seizure shall be considered an offender if he performs any of the following actions with regard to property that has been ordered to be seized. This not only refers to physically accepting or receiving a property but also refers to claiming interest. This means claiming the ownership rights of someone else’s property in order to fraudulently prevent its lawful seizure.

Further, the section also clarifies that the timing of performing the above defined actions is irrelevant. It says that the actions above will be an offence if they are fraudulently performed to prevent lawful seizure under either of the following circumstances:

a sentence which has been pronounced - meaning the above defined actions took place after the sentence to seize the property was passed.

knows to be likely to be pronounced - meaning that the person has preempted the passing of such order or sentence for seizure of the property and has performed such action even before the order or sentence is passed.

Obstruction from seizure of property in either circumstance shall be considered as an offence as long as they meet the following criteria.

The property is being taken as a forfeiture - This happens when a property is deemed illegal or its possession has been deemed illegal by the court or a competent authority.

The property is being taken in satisfaction of a fine: This happens when a person has been fined for any offence under the law and the person has abstained from or is unable to pay the fine. The authorities in this case may direct authorised personnel to seize property in settlement of the fine.

The seizure has been made in execution of a decree in a civil suit: This happens when a person has lost a case in the civil court and the judge has ordered the seizure of the property as part of the judgement. This can refer to cases of non-settlement of business or personal debts, property or family disputes etc. If the judgement has ordered the seizure of a property in the course of such cases, then obstructing the seizure shall amount to an offence under this section.

The seizure has been authorised by court or other competent authority: The seizure has to be made under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court or other competent authority, such as an Income Tax Commissioner or a District magistrate. In other words, unless the person making the seizure has the authority or has been empowered by an order from a person who has the authority to make such seizures, the seizure cannot be made. If made, it is illegal.

Punishment

If any of the above mentioned actions meet the above mentioned criteria, they shall be prosecuted under the provisions of this section and if found guilty, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

The above actions may not be an offence under this section if:

The offender accepting or claiming the property did not know that such an order for seizure has been passed or is likely to be passed.

The person making the seizure does not have the authority or an authorised order to make such seizure

Illustration

Z who plans on evading payment of certain taxes transfers all his properties in the name of his cousin brother, X, so that when the tax authorities try to seize his properties, they will be able to take them. The income tax authorities eventually find out and send him a notice. They send someone to seize the properties and find out what Z has done. Z is prosecuted for the crime of tax evasion, as well as obstruction of lawful seizure of property under the provisions of Section 243. X is prosecuted under the provisions of Section 244 for accepting or claiming property to prevent it from lawful seizure.

Disclaimer:

The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points of BNS 244

This section deals with: Fraudulent claim to avoid property seizure

Description of offence:

Any person who makes any false or dishonest claim to a property with the intention of shielding such property from lawful government seizure shall be considered an offender under this section.

Punishment for offence:

Any person found guilty under this section shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both

The offender has been coerced into committing the offence

The person is a minor or not of sane mind

Differences Between Section 244 of BNS and its equivalent IPC section

The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 244 of BNS replaces IPC Section 207. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.

BNS Sections/Subsections	Subject	IPC Sections	Summary of Comparison
244	Fraudulent claim to property to prevent its seizure as forfeited or in execution.	207	No change in provision for offence

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FAQs about Section 244 of the Bharatiya Nyaya Sanhita (BNS)

What is the punishment under BNS Section 244?

Any person found guilty under this section shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both

Does BNS Section 244 apply to both present and future court orders?

Yes. If a person stakes claim to a property with the primary intent of preventing such property from seizure, it is automatically a crime, whether the order for seizure has been issued or not.

Does Section 244 apply to fraudulent claims on leased or rented property?

Yes. Government seizure doesn’t depend on the rental status of the property. If a property has been ordered to be seized by the government with valid reason, then any claims made to prevent that seizure will constitute an offence under Section 244.

Does Section 244 apply to claims on luxury items like jewelry?

Yes. It applies to any kind of property that is likely to be seized by the government.

Can Section 244 address fake claims on vehicles used for crimes?

Yes. A vehicle used in a crime will be seized by the authorities for investigative purposes. If a claim has been made on the car to prevent its seizure, then it is an offence under this section.