BNS Section 343: Fraudulent Cancellation, Destruction, Etc., Of Will, Authority To Adopt, Or Valuable Security
Section 343 falls under Chapter 18 of the Bharatiya Nyaya Sanhita (BNS). Chapter 18 covers offences relating to documents and to property marks. Each section under this chapter deals with different offences related to various property related crimes. Section 343 specifically deals with fraudulently invalidating documents. Let us take a closer look at its provisions.
Definition of BNS Section 343
Section 343 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
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 and Illustration of BNS Section 343
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of fraudulently invalidating documents. Let us break down the section to get a better understanding of it.
Offence
Mostly, when one thinks of the intention behind committing fraud, it is usually considered to involve misappropriation of property or money and requires either creating a false document to that end or altering an existing document to achieve illicit benefits. But in some instances the act of fraud requires cancelling, invalidating or destroying a document.
This section provides for the offence of committing or attempting to commit fraud by cancelling, destroying or defacing any document described under Section 338. Section 338 provides for forgery of valuable documents such as a will, or an authority to adopt a son, or any valuable security.
Punishment
Any person found guilty of illegally cancelling, destroying or defacing any document for the purpose of committing fraud or a dishonest act shall be punished with imprisonment for life, or with imprisonment for a term which may extend to seven years, and shall also be liable to fine.
The above actions may not be an offence under this section if:
The offender is forced or coerced into performing the offence
The offender is a minor or not of sane mind.
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Illustration
Z creates a will where he names his older son B as the primary beneficiary. However, he later writes a new will in which he invalidates the old will and decides to make a charitable organisation the main beneficiary of his estate. Z destroys the new will in order to ensure that the old will remains in force. Z is an offender under the provisions of Section 343.
Key Points in BNS Section 343
This section deals with: Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 343 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 343 of BNS replaces Section 477 of the IPC. 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 |
|---|---|---|---|
| 343 | Fraudulent cancellation, destruction, etc. of will, authority to adopt, or valuable security. | 477 | No change in provision for offence |
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FAQs about Section 343 of the Bharatiya Nyaya Sanhita (BNS)
What is covered under Section 343 regarding fraudulent actions?
Any person committing any fraudulent or dishonest act that results in the cancellation or destruction of any valuable property or security shall be considered an offender under this section.
What are the penalties for destroying or altering a will?
Any person found guilty under this section shall be punished with imprisonment for life, or with imprisonment for a term which may extend to seven years, and shall also be liable to fine.
How can someone prove fraudulent cancellation of valuable securities?
If the document or transaction that was executed in order to cancel the securities in question is proved to be false or inaccurate or unauthorised, it establishes a fraudulent act that initiated such cancellation.
Does this section apply to unauthorized changes in digital wills?
Yes. This section applies to all unauthorised acts that lead to changes in valuable property or documents.
What actions should victims take if their documents are tampered with?
Any person aware of such activities must immediately report the matter to the police authorities.
