Section 321 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 321 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offence of dishonestly or fraudulently preventing a debt from being available for creditors. This provision is part of Chapter XVII: Offences Against Property.
📜 Offence Definition
A person commits an offence under this section if they:
Dishonestly or fraudulently prevent any debt or demand due to themselves or to any other person from being made available according to law for the payment of debts .
⚖️ Punishment
The punishment for this offence is:
Imprisonment: Up to 2 years, or
Fine, or
Both .
🛡️ Legal Classification
Cognizable: ❌ Non-cognizable offence.
Bailable: ✅ Yes.
Triable by: Any Magistrate .
🔍 Key Legal Elements
To constitute an offence under Section 321, the following elements must be established:
Existence of a Debt or Demand: There must be a legitimate debt or demand due to the person or another.
Dishonest or Fraudulent Intent: The individual must have acted dishonestly or fraudulently.
Prevention of Debt Availability: The action must have prevented the debt from being made available for payment according to law .
🧭 Context and Implications
This section aims to protect creditors' rights by criminalizing actions that dishonestly or fraudulently prevent debts from being paid. It addresses situations where individuals may attempt to evade their financial obligations through deceitful means.
✅ Summary Table
| Feature | Details |
|---|---|
| Offence | Dishonestly or fraudulently preventing debt availability for creditors |
| Punishment | Up to 2 years' imprisonment, or fine, or both |
| Cognizable | ❌ Non-cognizable |
| Bailable | ✅ Yes |
| Triable by | Any Magistrate |
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