Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security
Section 343 of the Bharatiya Nyaya Sanhita, 2023 deals with fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security. Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or The Act came into force on 01 Jul 2024.
Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect of such document, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 343, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 477 Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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 |
|---|---|---|---|---|
| Fraudulently destroying or defacing, or attempting to destroy or deface, or secreting, a will, etc. | Imprisonment for life, or imprisonment for 7 years and fine. | Non-cognizable. | Non-bailable. | Magistrate of the first class. |
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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Rishipal vs State of U. P.
Decided under Indian Penal Code 477, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Continuation of criminal proceedings against the appellant for commission of alleged offences under Sections 34, 379, 411, 417, 418, 420, 467, 458 and 477 IPC constitutes pure abuse of process of law and warrants quashing of the complaint case, as the uncontroverted allegations do not prima facie establish any criminal offence - at most they disclose negligence or dereliction of official duty, not criminal conspiracy or cheating. The power under Section 482 CrPC to quash proceedings must be exercised when a trained judicial mind concludes that continuation would lead to abuse of process and miscarriage of justice, even though such exercise is an exception rather than the rule. Courts must actively prevent vexatious complaints filed by frustrated litigants seeking to misuse criminal law as a tool to settle civil disputes and to harass innocent third parties.
On this section: Falsification of accounts and documents. Charged in relation to alleged falsification of bank documents and records.
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 343
What have the courts held on Section 343 of the Bharatiya Nyaya Sanhita?
Rishipal vs State of U. P. (02 Jul 2014) is the leading judgment on this section among those set out below, though it was decided under IPC 477, which this section replaced -- the court never mentioned this Act: Falsification of accounts and documents. Charged in relation to alleged falsification of bank documents and records.
Is Section 343 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 343 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 Magistrate of the first class.
How do I find court cases under Section 343 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 343, section 343 BNS, section 343 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 343 2 and bns 343/1. 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 Rishipal vs State of U. P. (02 Jul 2014).
What should I read with Section 343 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 477 (Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security), so the judgments decided under that provision are the case law on this one.
When did Section 343 of the Bharatiya Nyaya Sanhita come into force?
Section 343 of the Bharatiya Nyaya Sanhita, cited as BNS 343, 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.