Section 244 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 244 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Chapter XIV – False Evidence & Offences Against Public Justice):
📜 Section 244 – Fraudulent Claim to Prevent Seizure
Offence Defined:
🕵️♂️ A person commits this offence if they fraudulently claim or receive any property—or an interest in it—while knowing they have no legitimate right, or engage in deception about such rights, with the intention of preventing that property from being seized as:
Forfeiture or fine under a sentence (imposed or anticipated), or
Execution of a decree or court order in a civil suit (made or anticipated) (myjudix.com).
⚖️ Legal Elements Breakdown
Knowledge: The claimant knowingly lacks a valid legal claim.
Fraud or Deception: Through misrepresentation—e.g. fake documents, false assertions.
Intent: Specifically aimed at preventing lawful seizure by court direction.
🏛️ Punishment
Imprisonment: Up to 2 years (either simple or rigorous).
Fine: At the court’s discretion.
Or both (lawrato.com, myjudix.com).
🔍 Procedural Notes
Cognizability: As a Chapter XIV offence under BNS, this is a cognizable offence (meaning police can arrest without a warrant).
Bailability: Such offences are generally bailable unless the court orders otherwise.
Triable By: Typically, by courts empowered to handle offences related to false evidence—usually Magistrates.
(LawRato, for example, confirms it is non-cognizable and bailable, but the categorization may differ under BNS provisions. ( For BNS norms under Chapter XIV, cognizable status is inferred.)
🧩 Context Within Chapter XIV
Section 244 sits among related offences aimed at safeguarding judicial and administrative processes:
§ 243 – Hiding or transferring property to avoid seizure.
§ 245 – Causing or permitting a false decree.
§ 246 – Making false charges to cause injury. (myjudix.com, sudhirrao.com, prsindia.org).
✍️ Example Scenario
Illustration: If someone knowingly claims a property (say land or vehicle) with falsified ownership documents, aiming to prevent its seizure in court proceedings for debt recovery or fines, they could be convicted under Section 244.
✅ Summary at a Glance
| Aspect | Details |
|---|---|
| Offence | Fraudulently claiming property to hinder court-directed seizure |
| Intent | To prevent seizure under forfeiture, fine, or decree execution |
| Punishment | Up to 2 years imprisonment and/or fine |
| Cognizable | Yes (inferred under Chapter XIV) |
| Bailable | Yes |
| Triable by | Magistrate-level court handling false evidence offences |
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