Bharatiya Nyaya Sanhita: Section 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.

Simplified Explanation

Section 343 of the Bharatiya Nyaya Sanhita 2023 addresses the fraudulent cancellation, destruction, or defacement of important legal documents, including wills, authorities to adopt a son, and valuable securities. It also criminalizes attempts to conceal such documents or commit mischief regarding them.

Key Provisions of Section 343:

(1) Offenses:

• Fraudulent or dishonest actions: The section penalizes individuals who fraudulently or dishonestly engage in actions like:
  • Cancelling, destroying, or defacing any of the following documents:
    • A will.
    • An authority to adopt a son.
    • Any valuable security.
  • Attempting to cancel, destroy, deface, or secrete any of the above documents.
  • Mischief in respect of such documents, such as tampering with or altering their content in a way that would damage their legal integrity.

(2) Intention:

• The action must be committed with the intent to cause damage or injury to:
  • The public.
  • Any individual (e.g., the party to whom the document pertains).

(3) Punishment:

• Imprisonment for life or imprisonment for a term up to seven years, depending on the severity of the offense.
• In addition to imprisonment, the offender shall also be liable to a fine.

Summary:

Section 343 criminalizes the fraudulent cancellation, destruction, defacement, or concealment of important legal documents such as wills, authorities to adopt, and valuable securities. It also penalizes attempts to carry out these acts or any form of mischief related to these documents, where the intent is to cause harm to the public or any individual. The section imposes severe penalties, including life imprisonment or up to seven years imprisonment, along with a fine.

Purpose:

This provision aims to protect the sanctity and authenticity of important documents that can have significant legal, financial, or personal consequences. By penalizing those who manipulate or destroy such documents fraudulently, the section helps safeguard the rights of individuals and ensures that legal and financial transactions remain secure.