Dishonest or fraudulent removal or concealment of property
Section 323 of the Bharatiya Nyaya Sanhita, 2023 deals with dishonest or fraudulent removal or concealment of property. Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either descri The Act came into force on 01 Jul 2024.
Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Section 323, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 424 Dishonest or fraudulent removal or concealment of property Text carried over almost unchanged 97%
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 The repealed enactment still governs what happened while it was in force.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 of property, of himself or any other person or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is entitled. | 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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Karmveer Singh vs State of Rajasthan
Decided under Indian Penal Code 424, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases involving allegations of misappropriation of funds by an employee entrusted with collection duties, the High Court will not exercise its discretionary jurisdiction under Section 482 CrPC to quash the FIR merely on the ground that the accused has filed a counter-complaint regarding a separate incident of theft. The serious nature of the allegations of criminal breach of trust, cheating, and misappropriation warrants investigation, and the High Court will not interfere with the FIR unless there are compelling grounds to do so.
On this section: Dishonest or fraudulent removal or concealment of property - applied to alleged concealment of collected funds
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Ashok Rai& ORS. vs The State of Bihar
Decided under Indian Penal Code 424, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Delayed lodging of FIR, particularly when the alleged occurrence was not witnessed by anyone, constitutes a sufficient ground for granting anticipatory bail to protect the accused from arrest, subject to reasonable bail conditions and surety requirements.
On this section: Dishonestly or fraudulently removing or concealing property - charge against the petitioners
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 323
What have the courts held on Section 323 of the Bharatiya Nyaya Sanhita?
Karmveer Singh vs State of Rajasthan (17 Aug 2017) is the leading judgment on this section among those set out below, though it was decided under IPC 424, which this section replaced -- the court never mentioned this Act: Dishonest or fraudulent removal or concealment of property - applied to alleged concealment of collected funds. Another 1 judgment on this section is set out below. They run from 2012 to 2017.
Is Section 323 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 323 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 323 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 323, section 323 BNS, section 323 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 323 in ipc. 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 Karmveer Singh vs State of Rajasthan (17 Aug 2017).
What should I read with Section 323 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 424 (Dishonest or fraudulent removal or concealment of property), so the judgments decided under that provision are the case law on this one.
When did Section 323 of the Bharatiya Nyaya Sanhita come into force?
Section 323 of the Bharatiya Nyaya Sanhita, cited as BNS 323, 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.