BNS 244 : Fraudulent claim to property to prevent its seizure as forfeited or in execution.

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Introduction of BNS 244

Bharatiya Nyaya Sanhita (BNS) Section 244 criminalises the act of fraudulently claiming property or interests to prevent their lawful seizure in forfeiture, fines, or civil judgments. It ensures that false ownership claims or dishonest assertions cannot obstruct the enforcement of legal orders. By punishing such deception, the section safeguards the integrity of judicial processes.

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The Bharatiya Nyaya Sanhita (BNS) Section 244 replaces the old Indian Penal Code (IPC) Section 207.

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What is BNS Section 244 ?

BNS Section 244 punishes people who fraudulently claim or accept property that they do not rightfully own, in order to prevent the property from being taken as part of a court judgment or order. It ensures that no one can deceitfully obstruct the legal seizure of assets by pretending to have a right to them.

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Under Section 244 of the bns act 2023

“Whoever fraudulently accepts, claims, or declares any property or interest therein, knowing that they have no legal right to it, in order to prevent such property from being lawfully seized as forfeited, or in execution of a decree, sentence, or fine, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.”

1. Meaning of “Fraudulent Claim to Property”

• A person commits this offence when they dishonestly claim ownership or rights over property they know is not theirs.
• The false claim is made with the intention of preventing seizure of property by court orders, fines, or forfeiture.
• Producing fake documents, lying about ownership, or asserting false interests are covered.

2. Who is Covered?

This section applies to:

• Individuals who knowingly claim property they have no right to.
• Third parties trying to shield someone else’s property from seizure by falsely claiming it.
• Anyone producing false documents or making dishonest declarations to obstruct court-ordered attachment.

3. Nature of the Offence

• Non-Cognizable → Police cannot arrest without magistrate’s permission.
• Bailable → Accused has the right to seek bail.
• Non-Compoundable → Cannot be privately settled; must be tried in court.
• Triable by Any Magistrate → Case can be heard before a Magistrate.

4. Examples of BNS Section 244

• Example 1 – False Land Claim
  A man fraudulently claims his friend’s land as his own to stop it from being seized for a fine. → Punishable under Section 244.
• Example 2 – Fake Documents
  A woman produces forged ownership papers in a civil case to prevent seizure of property. → Covered under this section.
• Example 3 – Not an Offence
  If someone mistakenly claims ownership due to a genuine belief in their right, it may not attract punishment under this section.

5. Punishment under BNS Section 244

• Imprisonment → Up to 2 years.
• Fine → Amount decided by the court.
• Both → Court may impose imprisonment and fine together.

6. Importance of BNS Section 244

• Prevents dishonest interference with the execution of court orders.
• Protects creditors, victims, and state revenue from fraudulent claims.
• Reinforces fair enforcement of justice by ensuring property seizure is not obstructed.
• Sends a message that false claims and deception in property matters are criminal acts.

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Section 244 BNS Overview

BNS Section 244 deals with situations where someone fraudulently claims property or an interest in it, knowing they have no legal right to it, in order to prevent its seizure by the court. This could happen when the property is supposed to be taken as a penalty or as part of a civil judgment. The purpose of this section is to prevent false claims from interfering with the legal process.

BNS Section 244: 10 Key Points

1. Fraudulent Claim of Property:
   • This section applies when a person falsely claims, receives, or accepts any property, knowing they have no rightful claim to it. For example, if someone claims ownership of land they don’t legally own to stop it from being seized by the court, they can be charged under this section.
2. Intention to Block Seizure:
   • The key element in BNS 244 is the intention to prevent the property from being seized as a punishment (forfeiture) or to satisfy a court-imposed fine or civil order. The offender acts to obstruct the legal seizure process by pretending to have rights over the property.
3. Knowing Lack of Right:
   • To be prosecuted under BNS Section 244, the person must be aware that they do not have any legal right to the property they are claiming. This is not a case of someone mistakenly claiming property but knowingly acting dishonestly.
4. Applies to Current and Future Orders:
   • The section covers not only cases where a court has already made a ruling to seize the property, but also situations where the person knows that the court is likely to make such an order in the future. For instance, if someone anticipates a court ruling and fraudulently claims property to prevent its seizure, they can be punished under this law.
5. Covers All Types of Property:
   • This section applies to any kind of property, whether it’s physical (like land or a house) or a legal interest in the property (such as a share in a company or a claim on profits). Any fraudulent claim regarding ownership or rights over the property is covered.
6. Prevents Civil and Criminal Interference:
   • The section is designed to protect both civil and criminal legal processes. Whether the property is being seized as part of a criminal sentence (forfeiture) or to satisfy a civil judgment, fraudulent claims aimed at blocking the seizure are illegal.
7. Deception and Dishonesty:
   • The section also targets any deception regarding property rights. For example, if someone produces false documents or lies to a court about their ownership, it falls under fraudulent activity as defined by this section.
8. Punishment for Offense:
   • If someone is found guilty under BNS Section 244, they may face imprisonment for up to two years. This is a serious punishment that reflects the gravity of interfering with the court’s legal process.
9. Fine for Offense:
   • In addition to imprisonment, the person may also be fined. The exact amount is determined by the court based on the circumstances of the case, and in some cases, both imprisonment and fines may be imposed.
10. Bailable Offense:
    • The offense under BNS Section 244 is bailable, meaning the accused can apply for bail. The individual has the right to be released from custody while awaiting trial, depending on the court’s decision.

Examples for BNS Section 244

1. Example 1:
   • Rahul, knowing that his friend’s land is going to be seized by the court in satisfaction of a fine, fraudulently claims that the land belongs to him to prevent the court from taking it. This is an offense under BNS Section 244 because Rahul falsely claimed ownership to block the legal process.
2. Example 2:
   • Priya, who has no legal right to a piece of property, deceives a court by producing fake documents to claim the property in a civil case. This fraudulent action, intended to prevent the rightful seizure of the property, falls under BNS Section 244.

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BNS 244 Punishment

1. Imprisonment:
   • If someone is found guilty under BNS Section 244, they may be sentenced to imprisonment for a term that can extend to two years.
2. Fine:
   • Along with or instead of imprisonment, the guilty party may also face a fine, the amount of which is determined by the court.

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BNS 244 bailable or not ?

BNS Section 244 is a bailable offense, meaning the accused person can apply for bail and may be released from custody while awaiting trial.

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Comparison Table — BNS 244 vs IPC 207

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BNS Section 244 FAQs

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Conclusion

BNS Section 244 strengthens judicial enforcement by penalising fraudulent claims over property. It ensures that false ownership, fake documents, or dishonest declarations cannot block the legal seizure of assets. With punishments of up to two years’ imprisonment, a fine, or both, the law protects the integrity of civil and criminal proceedings.

By making the offence bailable but non-cognizable, the law balances fairness while ensuring accountability. In essence, Section 244 reinforces that property rights cannot be fabricated to obstruct justice.

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Finished with BNS 244 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

• 245 BNS : Fraudulently suffering decree for sum not due.
• https://marriagesolution.in/bns_section/245-bns/
• 246 BNS : Dishonestly making false claim in Court.
• https://marriagesolution.in/bns_section/246-bns/
• 247 BNS : Fraudulently obtaining decree for sum not due.
• https://marriagesolution.in/bns_section/247-bns/
• BNS 248 : False charge of offence made with intent to injure.
• https://marriagesolution.in/bns_section/bns-248/
• 249 BNS : Harbouring offender.
• https://marriagesolution.in/bns_section/249-bns/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

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Full BNSS Section List: https://marriagesolution.in/bnss_section-list

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