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.
Simplified Explanation
This section addresses the fraudulent claiming of property or any interest in property to prevent it from being seized, either due to a forfeiture or execution of a court order (such as in satisfaction of a fine or a decree).
Key Provisions of Section 244
Offense:
- Fraudulent Claim or Acceptance:
The offense occurs when a person fraudulently claims, receives, or accepts any property or interest in property. The key element is that the person knows they do not have any rightful claim to the property or interest they are accepting or claiming. - Deception Regarding Property Rights:
The person may also practice deception concerning their right to any property or interest, intending to mislead others about their legal claim. - Intention to Prevent Seizure:
The fraudulent claim or acceptance must be done with the intent to prevent the property from being seized for:- Forfeiture, due to a criminal sentence.
- Satisfaction of a fine, under a sentence.
- Execution of a civil decree or order, which has been made or is likely to be made by a court.
In essence, this section deals with an individual attempting to illegally retain property that should otherwise be seized due to a court’s decision or sentence.
Punishment:
- Imprisonment:
The individual who fraudulently claims or accepts the property may be punished with imprisonment, which can be either simple or rigorous, for up to two years. - Fine:
Alternatively or additionally, the person may be fined, with the fine amount being determined by the court. - Combination of Penalties:
Both imprisonment and a fine can be imposed, depending on the case.
Explanation and Application
Key Elements of the Offense
- Fraudulent Nature:
The offense requires that the person knows they have no legal claim to the property but fraudulently claims it to prevent its seizure. This could involve a range of deceptive acts to mislead others (e.g., fake documentation, false testimony). - Intention:
The person’s intent is crucial. They must be trying to prevent the property from being seized either as a forfeiture or as part of a civil execution of a decree. - Property or Interest in Property:
The offense applies not only to the property itself but also to any interest in the property. This could be an attempt to claim ownership or possession of the property, even if the claim is fraudulent. - Knowledge of Likely Legal Action:
The individual must know, or reasonably believe, that the property is subject to seizure due to a court’s decision or order. This includes cases where the seizure is likely to happen in the future, not just when it has already been ordered.
Examples of Offenses Under Section 244
- Fraudulently Claiming Property in a Forfeiture Case:
A person claims ownership of a vehicle that has been confiscated under a criminal sentence (for example, due to smuggling or other illegal activities), knowing that the vehicle is supposed to be forfeited to the government. - False Claim to Avoid Execution of Judgment:
A defendant, whose property is subject to seizure under a court judgment, fraudulently claims a house or business interest to avoid having it taken by the authorities for satisfying the judgment. - Deceptive Acts in Civil Suit:
An individual claims that certain assets belong to them in order to prevent the court from taking those assets in the execution of a civil suit, even though they know the property legally belongs to someone else.
Conclusion
Section 244 of the Bharatiya Nyaya Sanhita, 2023 targets individuals who fraudulently claim or accept property with the intention of preventing its seizure under a forfeiture or execution order issued by a court. The section establishes penalties that include imprisonment of up to two years, a fine, or both, depending on the circumstances. This provision helps uphold the integrity of legal processes by preventing individuals from undermining court orders through fraudulent actions regarding property claims.
