Fraudulent claim to property to prevent its seizure as forfeited or in execution
Section 244 of the Bharatiya Nyaya Sanhita, 2023 deals with fraudulent claim to property to prevent its seizure as forfeited or in execution. 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 practises any deception touching any right to any property or any interest therein, intending thereby to prevent that property or int The Act came into force on 01 Jul 2024.
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 practises 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 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 two years, or with fine, or with both.
Section 244, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 207 Fraudulent claim to property to prevent its seizure as forfeited or in execution Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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 |
|---|---|---|---|---|
| Claiming property without right, or practising deception touching any right to it, to prevent its being taken as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree. | Imprisonment for 2 years, or fine, 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.
-
Tulsi Das vs State and Anr.
Decided under Indian Penal Code 207, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The issuance of an ownership certificate as a natural consequence of an earlier legitimate property registry does not constitute an offence under Section 207 IPC (Furnishing false information to public servant), as no false information is furnished to the public servant when the certificate merely documents an existing property right established by the earlier registry.
On this section: Furnishing false information to public servant. The court examined whether Parasmal furnished false information to the Panchayat or public servant in obtaining the ownership certificate. The court found that since the patta was issued as a natural consequence of an earlier legitimate registry in 1976, no false information was furnished.
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 244
What have the courts held on Section 244 of the Bharatiya Nyaya Sanhita?
Tulsi Das vs State and Anr. (07 Feb 2013) is the leading judgment on this section among those set out below, though it was decided under IPC 207, which this section replaced -- the court never mentioned this Act: Furnishing false information to public servant. The court examined whether Parasmal furnished false information to the Panchayat or public servant in obtaining the ownership certificate. The court found that since the patta was issued as a natural consequence of an earlier legitimate registry in 1976, no false information was furnished.
Is Section 244 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 244 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 244 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 244, section 244 BNS, section 244 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 244 speakers and bns 61 and 244. 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 Tulsi Das vs State and Anr. (07 Feb 2013).
What should I read with Section 244 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 207 (Fraudulent claim to 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 244 of the Bharatiya Nyaya Sanhita come into force?
Section 244 of the Bharatiya Nyaya Sanhita, cited as BNS 244, 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
- 2. Definitions2199 words
- 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.