Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
Section 243 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 know The Act came into force on 01 Jul 2024.
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 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 three years, or with fine which may extend to five thousand rupees, or with both.
Section 243, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 206 Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Fraudulent removal or concealment, etc., of property to prevent its seizure as a forfeiture or in satisfaction of a fine under sentence, or in execution of a decree. | Imprisonment for 3 years, or fine, of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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B.s. Guraya vs Ut
Decided under Indian Penal Code 206, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An accused person cannot alienate property that has been validly attached by a court order merely on the ground that the property is ancestral or that there is no revenue entry regarding the attachment. The proper procedure is to file a review application seeking release of the property. Alienation of attached property without obtaining court's permission constitutes disobedience of court orders and potential contempt of court under Section 206 IPC. The status and education of the accused (in this case, a Colonel in the Army) is relevant in determining whether the alienation was done under bonafide mistake or with malafide intention.
On this section: Contempt of court through disobedience of court orders; prosecution alleged petitioner committed this offence by selling attached agricultural land
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 243
What have the courts held on Section 243 of the Bharatiya Nyaya Sanhita?
B.s. Guraya vs Ut (16 May 2011) is the leading judgment on this section among those set out below, though it was decided under IPC 206, which this section replaced -- the court never mentioned this Act: Contempt of court through disobedience of court orders; prosecution alleged petitioner committed this offence by selling attached agricultural land.
Is Section 243 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 243 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 243 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 243, section 243 BNS, section 243 of the Bharatiya Nyaya Sanhita. People searching for it also type 243 bns in ipc and bns ki dhara 243. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with B.s. Guraya vs Ut (16 May 2011).
What should I read with Section 243 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 206 (Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution), so the judgments decided under that provision are the case law on this one.
When did Section 243 of the Bharatiya Nyaya Sanhita come into force?
Section 243 of the Bharatiya Nyaya Sanhita, cited as BNS 243, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
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- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.