Section 244 BNS: Fraudulent claim to property to prevent its seizure as forfeited or in execution
Bharatiya Nyaya Sanhita, 2023
Section 244 BNS at a Glance
Section 244 BNS deals with fraudulent claim to property to prevent its seizure as forfeited or in execution. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 207 IPC on 1 July 2024.
Imprisonment of either description for up to two years.
Section 244 BNS Bare Act Text
244. Fraudulent claim to property to prevent its seizure as forfeited or in execution
Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practises any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Source: Section 244, Bharatiya Nyaya Sanhita, 2023
Section 244 BNS in Simple Words
Section 244 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a person who makes a false claim over property, or over a right to that property, with the aim of stopping it from being seized, forfeited, or sold in execution of a court order or lawful process. In simple terms, this section targets sham ownership claims and dishonest documents used to create a cloud over property that is already under legal action. This provision can apply to the person making the false claim, as well as anyone who knowingly supports that claim. The key point is dishonest intention.
The law is not meant to punish genuine disputes over title. It is meant to stop people from using false claims as a shield against attachment, forfeiture, or execution proceedings. In practice, this section helps protect the court process and prevents accused persons or third parties from frustrating recovery or enforcement by filing fabricated claims at the last moment.
Ingredients of Section 244 BNS
- Fraudulent acceptance, receipt or claim of property without right, or deception touching a right to property
- The intention to prevent that property from being taken as a forfeiture, in satisfaction of a fine, or in execution of a decree or order
- A sentence, decree or order pronounced, made, or known to be likely to be pronounced or made by a Court or other competent authority
Punishment Under Section 244 BNS
Imprisonment of either description for up to two years.
The offender may be punished with fine alone or with both imprisonment and fine. The section fixes no amount.
Claiming property without right or practising deception to prevent seizure as forfeited or in execution carries imprisonment for up to two years, or fine, or both.
Example of Section 244 BNS
When Section 244 BNS Does Not Apply
- The accused did not fraudulently accept, receive or claim the property or any interest in it, and did not practise deception touching any right to it
- The accused did not know that he had no right or rightful claim to the property or interest
- There was no intention to prevent the property or interest from being taken as a forfeiture, in satisfaction of a fine, or in execution of a decree or order
Section 244 BNS in the IPC (Previous Law)
Section 244 BNS replaces Section 207 IPC from the old criminal code.
Section 207 IPC is now Section 244 BNS. The words Court of Justice become Court and the spelling practices becomes practises, while the punishment remains imprisonment for up to two years, or fine, or both.
View IPC Section 207 →FAQs on Section 244 BNS
What kind of conduct is covered under Section 244 BNS?▼
It covers false claims made over property, or over a right in property, when the real purpose is to stop lawful seizure, forfeiture, or execution. The section is aimed at dishonest obstruction, not a bona fide ownership dispute. If the claim is genuine and made in good faith, this section should not apply.
Does the police automatically register an FIR under Section 244 BNS?▼
Usually, this is treated as a non-cognizable offence. That means police normally need legal authority before investigating in the usual way. In practice, the complainant may need to approach the Magistrate if the police do not act on their own.
Under Section 244 BNS, can a person be punished if they only helped file the false claim?▼
Yes, if the person knowingly participated in the dishonest claim. Liability is not limited only to the main claimant. The prosecution must still show that the person acted with knowledge or dishonest intention.
Is Section 244 BNS still in force under the new criminal law?▼
Yes. Section 244 of the Bharatiya Nyaya Sanhita (BNS), 2023 is in force under the new criminal law, having replaced the earlier Indian Penal Code provision. For present-day offences, Section 244 BNS applies.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·