Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
Section 322 of the Bharatiya Nyaya Sanhita, 2023 deals with dishonest or fraudulent execution of deed of transfer containing false statement of consideration. Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to The Act came into force on 01 Jul 2024.
Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Section 322, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 423 Dishonest or fraudulent execution of deed of transfer containing false statement of consideration Text carried over almost unchanged 99%
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 The repealed enactment still governs what happened while it was in force.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 |
|---|---|---|---|---|
| Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration. | Imprisonment for 3 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.
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Jaldhar Thakur vs The State of Bihar
Decided under Indian Penal Code 423, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a dispute arising from a financial transaction involves disputed questions of fact regarding payment terms and amounts, and the underlying transaction is documented through a written agreement, such disputes are primarily matters for civil remedy rather than criminal prosecution. Anticipatory bail may be granted in such cases where the facts do not clearly establish criminal intent, subject to conditions ensuring the petitioner's cooperation with the trial and protection of evidence.
On this section: Punishment for criminal breach of trust - alleged offence in the FIR
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Md. Shamim Ahmad vs The State of Bihar
Decided under Indian Penal Code 423, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused apprehends arrest in a case involving allegations of forgery where the signature authenticity is disputed and requires investigation, anticipatory bail may be granted with stringent conditions including cooperation with investigation, availability for police questioning, and local sureties with immovable property, while reserving the court's right to cancel bail if serious material emerges during investigation.
On this section: Punishment for forgery - charge against petitioner
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 322
What have the courts held on Section 322 of the Bharatiya Nyaya Sanhita?
Jaldhar Thakur vs The State of Bihar (19 Apr 2017) is the leading judgment on this section among those set out below, though it was decided under IPC 423, which this section replaced -- the court never mentioned this Act: Punishment for criminal breach of trust - alleged offence in the FIR. Another 1 judgment on this section is set out below.
Is Section 322 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 322 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 322 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 322, section 322 BNS, section 322 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 322 in ipc and 322 bns punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Jaldhar Thakur vs The State of Bihar (19 Apr 2017).
What should I read with Section 322 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 423 (Dishonest or fraudulent execution of deed of transfer containing false statement of consideration), so the judgments decided under that provision are the case law on this one.
When did Section 322 of the Bharatiya Nyaya Sanhita come into force?
Section 322 of the Bharatiya Nyaya Sanhita, cited as BNS 322, 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.