Section 477 IPC: Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security

Indian Penal Code, 1860

Section 477 IPC at a Glance

Section 477 IPC 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; from 1 July 2024 it is replaced by Section 343 BNS.

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 ⓘ

BNS Equivalent

Section 343 →

Section 477 IPC Bare Act Text

477. 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 477, Indian Penal Code, 1860

Section 477 IPC in Simple Words

Section 477 of the Indian Penal Code (IPC) punishes any person who fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys, defaces, or secretes any document which is or purports to be a will, an authority to adopt a son, or any valuable security. The provision explicitly extends the same criminal liability to an attempt to cancel, destroy, deface, or secrete such a document, as well as to committing mischief in respect of it.

The prescribed punishment is imprisonment for life, or imprisonment of either description for a term which may extend to seven years, and the offender is also liable to fine. Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 477 IPC is non-cognizable and non-bailable, and it is triable by a Magistrate of the first class.

The offence is not compoundable under Section 320 CrPC.

Ingredients of Section 477 IPC

The document in question was or purported to be a will, an authority to adopt a son, or any valuable security
The accused cancelled, destroyed, defaced, secreted, attempted to cancel, destroy, deface, or secrete, or committed mischief in respect of such document
The accused acted fraudulently, dishonestly, or with intent to cause damage or injury to the public or to any person

Punishment Under Section 477 IPC

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 477 IPC 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 Code of Criminal Procedure, 1973, the offence is non-cognizable, non-bailable and triable by a Magistrate of the first class. It is not compoundable.

Example of Section 477 IPC

In 2017, in Dehradun, Manish owed a large business debt to his partner Kavita, evidenced by a signed promissory note kept in the partnership safe. A promissory note creating a legal right to recover money is a valuable security. Wishing to evade repayment and cause wrongful loss to Kavita, Manish opened the safe at night, tore up the promissory note, and poured ink across the signatures to deface and destroy it. Because Manish dishonestly destroyed and defaced a document that was a valuable security, Manish is punishable under Section 477 IPC.

When Section 477 IPC Does Not Apply

A will, authority to adopt a son, or valuable security is accidentally damaged, misplaced, or destroyed without any fraudulent or dishonest intent and without intent to cause damage or injury.
The document cancelled, destroyed, defaced, or hidden is an ordinary correspondence or note that neither is nor purports to be a will, an authority to adopt a son, or a valuable security.
A testator or executant lawfully cancels or revokes his own will or authority to adopt without any fraud, dishonesty, or wrongful intent.
Parties contest the validity or interpretation of a will or valuable security in good faith without cancelling, destroying, defacing, secreting, or committing mischief upon the document.

Section 477 IPC in the BNS

Section 477 IPC is now covered under Section 343 BNS.

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 detailed comparison (IPC 477 vs BNS 343) →

FAQs on Section 477 IPC

What punishment does Section 477 IPC prescribe?▼

Imprisonment for life, or imprisonment of either description for a term which may extend to seven years, and the offender is also liable to fine.

Is Section 477 IPC bailable?▼

No. The First Schedule to the Code of Criminal Procedure, 1973 lists Section 477 IPC as non-bailable, meaning bail is discretionary. The offence is also non-cognizable and triable by a Magistrate of the first class.

What are the essential ingredients of Section 477 IPC?▼

The prosecution must establish that the document was or purported to be a will, an authority to adopt a son, or a valuable security, that the accused cancelled, destroyed, defaced, secreted, or attempted to do so, or committed mischief to it, and acted fraudulently, dishonestly, or with intent to cause damage or injury.

Is an attempt to destroy a will punishable under Section 477 IPC?▼

Yes. The section itself specifically penalises an attempt to cancel, destroy, deface, or secrete the document as part of the substantive offence, carrying the full statutory penalty.

Does Section 477 IPC apply if the document is not legally valid?▼

Yes. The statute applies to any document which is or purports to be a will, an authority to adopt a son, or a valuable security, so an accused cannot escape liability merely because the document suffered from legal infirmities.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·