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 practices 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 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 207: Simplified Explanation
IPC Section 207 deals with the fraudulent act of claiming property to prevent its lawful seizure as forfeited or in executing a legal process. This section applies when a person, to deceive, makes a false claim to property, knowing it is liable to be seized by lawful authority. The objective is to obstruct the lawful seizure process by misrepresenting the ownership or rights over the property.
Key Elements:
- The property must be liable to seizure either as forfeited or in executing a legal process.
- The person must claim the property.
- The claim must be fraudulent or false.
- The intent must be to prevent the lawful seizure of the property.
Is IPC Section 207 Bailable?
Yes, IPC Section 207 is a bailable offence. This means the accused can be released on bail, subject to certain conditions and the court’s discretion.
IPC Section 207 Punishment
The punishment for an offence under IPC Section 207 is imprisonment of either description for a term extending to two years, with a fine, or with both. The court determines the exact punishment based on the circumstances and severity of the offence.
Example of IPC Section 207
Consider a scenario where Mr A is aware that his car is about to be seized by the authorities due to a court order. To prevent this, Mr A arranges for his friend, Mr B, to falsely claim ownership of the car, submitting fraudulent documents to support the claim. This act intends to deceive the authorities and prevent the car from being lawfully seized. In this case, both Mr A and Mr B can be prosecuted under IPC Section 207 for making a fraudulent claim to property to obstruct its lawful seizure.