IPC Section 206: Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution

Whoever fraudulently removes, conceals, transfers or delivers to any person 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 of Justice 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 of Justice 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. 

IPC Section 206: Simplified Explanation 

IPC Section 206 pertains to the fraudulent removal or concealment of property with the intent to prevent its lawful seizure as forfeited or in the execution of a legal process. This section is applicable when a person, knowing that a particular property is liable to be seized by legal authority, either hides, removes, or transfers it to avoid the seizure. The intention behind such an act must be to prevent the lawful authority from possessing the property. 

Key Elements: 

  1. The property must be liable to seizure either as forfeited or in executing a legal process. 
  1. The person must know about the liability of the property to be seized. 
  1. The person must fraudulently remove, conceal, or transfer the property. 
  1. The intent must be to prevent the lawful seizure of the property. 

Is IPC Section 206 Bailable? 

Yes, IPC Section 206 is a bailable offence. This means the accused can be released on bail, subject to certain conditions and the court’s discretion. 

IPC Section 206 Punishment 

The punishment for an offence under IPC Section 206 is imprisonment of either description for a term thatextending to two years, with a fine, or with both. The court decides the exact punishment based on the circumstances and severity of the offence. 

Example of IPC Section 206 

Imagine a situation where Mr X knows that the court will seize his property due to a legal judgment against him. To avoid this, Mr. X transfers the ownership of his house to his brother, Mr. Y, through a fraudulent sale. This act intends to prevent the court from lawfully seizing the property. In this case, Mr. X can be prosecuted under IPC Section 206 for fraudulently removing or concealing property to prevent its lawful seizure.

Leave a Comment

Your email address will not be published. Required fields are marked *