Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, 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

Section 321 of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) addresses the dishonest or fraudulent prevention of a debt from being made available for the payment of debts to creditors.

Key Elements of Section 321:

1. Dishonestly or Fraudulently Preventing Debt from Being Available:
   • The offense occurs when a person dishonestly or fraudulently prevents a debt or demand that is due either to themselves or to someone else from being made available according to law for the payment of debts.
2. Punishment:
   • If convicted under this section, the offender shall be punished with:
     • Imprisonment (either description) for a term which may extend to two years, or
     • Fine, or both imprisonment and fine.

Summary of Section 321:

• This section penalizes those who fraudulently prevent a debt (owed to themselves or someone else) from being used to pay creditors.
• The penalty for this offense includes imprisonment for up to two years, a fine, or both, depending on the case.

Bharatiya Nyaya Sanhita: Section 322 – Dishonest or fraudulent execution of deed of transfer containing false statement of consideration

Whoever dishonestly or fraudulently signs, executes, or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Simplified Explanation

Section 322 of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) deals with the dishonest or fraudulent execution of a deed of transfer that contains false statements about the consideration or the parties involved in the transaction.

Key Elements of Section 322:

1. Dishonest or Fraudulent Execution of Deed:
   • This section applies to individuals who dishonestly or fraudulently:
     • Sign, execute, or become a party to a deed or instrument.
     • The deed or instrument purports to transfer or subject any property (or any interest in it) to a charge.
2. False Statement about Consideration or Beneficiaries:
   • The offense involves the inclusion of false statements in the deed concerning:
     • The consideration for the transfer or charge, or
     • The person(s) for whose use or benefit the deed is actually intended to operate.
3. Punishment:
   • If convicted, the offender shall be punished with:
     • Imprisonment (either description) for a term which may extend to three years, or
     • Fine, or both imprisonment and fine.

Summary of Section 322:

• This section penalizes those who fraudulently execute a deed that contains false statements about the transfer of property, such as the consideration or the intended beneficiaries of the transfer.
• The penalty for such an offense includes imprisonment for up to three years, a fine, or both.