Section 343 BNS: Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security

Bharatiya Nyaya Sanhita, 2023

Section 343 BNS at a Glance

Section 343 BNS deals with fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security. It is non-bailable and non-cognizable, triable by Magistrate of the first class; it replaced Section 477 IPC on 1 July 2024.

Punishment

Imprisonment for life, or imprisonment of either description for a term which may extend to seven years.

Non-Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 477 →

Section 343 BNS Bare Act Text

343. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security

Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect of such document, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Source: Section 343, Bharatiya Nyaya Sanhita, 2023

Section 343 BNS in Simple Words

Section 343 of the Bharatiya Nyaya Sanhita (BNS) deals with fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancelling, destroying, defacing, or secreting any document that is or purports to be a will, an authority to adopt a son, or any valuable security. It also covers attempting to cancel, destroy, deface, or secrete such a document, as well as committing mischief in respect of it.

The law treats these documents seriously because they govern inheritance, adoption, property rights, and financial claims. For example, if a person tears up or hides a will to stop a beneficiary from inheriting, or destroys a promissory note to defeat a claim, the conduct falls within this provision because the harm strikes at the legal rights attached to the document.

Ingredients of Section 343 BNS

  • Cancelling, destroying, defacing, or secreting any document which is or purports to be a will, an authority to adopt a son, or any valuable security, or committing mischief in respect of it
  • Attempting to cancel, destroy, deface, or secrete such a document
  • Acting fraudulently, dishonestly, or with intent to cause damage or injury to the public or to any person

Punishment Under Section 343 BNS

Imprisonment

Imprisonment for life, or imprisonment of either description for a term which may extend to seven years.

Fine

The offender is also liable to fine. The statute does not fix a maximum fine amount.

Non-Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Section 343 BNS is punishable with imprisonment for life, or imprisonment of either description for up to seven years, and the offender is also liable to fine. Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence is non-cognizable, non-bailable and triable by a Magistrate of the first class. It is not compoundable.

Example of Section 343 BNS

In Nagpur, following the demise of his father, Vikram located his father's registered will, which bequeathed the primary family residential property to his sister Sunita. To prevent Sunita from acquiring title to the property, Vikram incinerated the document in a furnace. Vikram destroyed a will with intent to cause injury to Sunita. Vikram is punishable under Section 343 BNS with imprisonment for life, or imprisonment of either description for up to seven years, and he is also liable to fine. If Vikram had instead concealed the will inside a secret vault to suppress its existence, that act would amount to secreting the document, which Section 343 BNS equally punishes.

When Section 343 BNS Does Not Apply

  • Accidental loss, mutilation, or destruction of a document without any fraudulent or dishonest intent and without intent to cause damage or injury
  • Destruction or suppression of an ordinary letter, memorandum, or document that is not and does not purport to be a will, an authority to adopt, or a valuable security
  • Cancellation or revocation of a will or authority executed lawfully by the testator or maker during life
  • A bona fide property or succession dispute where no party cancels, destroys, defaces, secretes, or tampers with the document

Section 343 BNS in the IPC (Previous Law)

Section 343 BNS replaces Section 477 IPC from the old criminal code.

Section 477 IPC corresponds to Section 343 BNS. The statutory heading, substantive text, and prescribed punishments of imprisonment for life or imprisonment of either description for up to seven years with liability to fine remain identical. An attempt to cancel, destroy, deface, or secrete the specified document remains punishable directly under Section 343 BNS as a substantive offence.

View IPC Section 477 →

FAQs on Section 343 BNS

Does tearing up a will amount to an offence under Section 343 BNS?▼

Yes, if the act is done fraudulently, dishonestly, or with intent to cause damage or injury to the public or to any person. Mere accidental damage will not attract this offence.

Can Section 343 BNS apply to property papers or bonds?▼

Yes, if the document is or purports to be a valuable security, a will, or an authority to adopt a son, and the act is done fraudulently, dishonestly, or with intent to cause damage or injury. Ordinary papers without such legal status do not fall within it.

What is the difference between Section 343 BNS and simple destruction of a document?▼

Simple or accidental destruction is not enough by itself. The prosecution must prove that the document is or purports to be a will, an authority to adopt a son, or a valuable security, and that the accused acted fraudulently, dishonestly, or with intent to cause damage or injury.

Are hiding a will or attempting to destroy it also covered under Section 343 BNS?▼

Yes. Section 343 BNS expressly punishes hiding (secreting) such a document, as well as attempting to cancel, destroy, deface, or secrete it, on the same footing as actual destruction.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·