Section 322 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 322 of the Bharatiya Nyaya Sanhita, 2023 (BNS), in Chapter XVII – Offences Against Property:
📝 Section 322 – Dishonest or Fraudulent Execution of Deed of Transfer with False Consideration
📖 Offence Description
Whoever dishonestly or fraudulently:
Signs, executes, or is a party to any deed or instrument that purports to transfer property or create a charge on it; and
That deed contains a false statement regarding:
The consideration (i.e., price or value paid), or
The person(s) for whose use or benefit the deed is genuinely intended,
—commits an offence under Section 322. (sudhirrao.com, kanoongpt.in)
⚖️ Punishment
Imprisonment of either description (simple or rigorous) for up to 3 years,
Fine,
Or both. (sudhirrao.com)
🔍 Key Legal Elements
Dishonest/Fraudulent intent: The act must be intentional, not by mistake or oversight.
Deed involving property or interest: Applies to all forms of property transfers or charges.
False statements:
Misrepresenting how much was paid,
Misstating who is the true beneficiary.
Participants included: Both the executor(s) and any party privy to the fraudulent deed are liable.
📚 Context & IPC Comparison
This provision corresponds closely with Section 423 of the now-repealed Indian Penal Code, consolidating internal consistency within BNS. (sudhirrao.com)
It is grouped with Sections 320–323, covering fraudulent deeds and property dispositions—designed to protect transactional integrity and curb misuse of fiduciary instruments. (indianlawhub.com)
📝 Illustrative Example
Ravi sells a parcel of land, issuing a deed stating ₹50 lakhs was paid. In truth, only ₹20 lakhs changed hands.
He—and any accomplice—would be guilty under Section 322 for executing a deed containing false consideration. (kanoongpt.in)
📊 Summary Table
| Element | Description |
|---|---|
| Conduct | Signing or participating in a fraudulent transfer deed |
| False Aspect | Misstatement of consideration or beneficiary |
| Intent | Dishonest or fraudulent intent required |
| Penalty | Up to 3 years imprisonment (simple/rigorous), fine, or both |
RELATED Blog
0 comments