Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
Section 421 of the Indian Penal Code, 1860 deals with dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent the distribution of that proper The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 421, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 320 Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors Text carried over almost unchanged 98%
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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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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Atul Sen vs State of H.p.
Court's Decision & Legal Precedent
A petition seeking quashing of judicial orders is not maintainable when the prayer clause seeks relief against orders directing FIR registration under Section 229 IPC, but the actual operative orders (as corrected by the trial court) direct FIR registration under Section 229A IPC. The petitioner must file a fresh petition specifically challenging the corrected operative order to maintain the petition. The principle of 'relief cannot exceed prayer clause' applies strictly to maintain procedural integrity.
On this section: Cheating; cited in context of bail bond forfeiture and property attachment procedures
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Aslam Azad @ Md. Aslam Azad vs State of Bihar& ANR.
Court's Decision & Legal Precedent
When an accused who has previously failed to comply with bail conditions demonstrates a material change in circumstances and willingness to comply with modified conditions, and when such modified conditions provide adequate safeguards against flight risk and ensure compliance, bail may be re-granted by the court, particularly where the accused has already undergone significant incarceration.
On this section: Dishonestly using false weight or measure - charge against the petitioner
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Aslam Azad @ Md. Aslam Azad vs State of Bihar& ANR.
Court's Decision & Legal Precedent
Bail may be granted in criminal breach of trust cases where the accused demonstrates willingness to make complete restitution of the misappropriated amount within a reasonable timeframe, subject to strict conditions including furnishing of bail bond with sureties and periodic installment payments, with confirmation contingent on production of evidence of full restitution.
On this section: Cheating - tertiary charge against the 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 421
What have the courts held on Section 421 of the Indian Penal Code?
Atul Sen vs State of H.p. (19 Nov 2020) is the leading judgment on this section among those set out below: Cheating; cited in context of bail bond forfeiture and property attachment procedures. Another 2 judgments on this section are set out below. They run from 2017 to 2020.
How do I find court cases under Section 421 of the Indian Penal Code?
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: IPC 421, section 421 IPC, section 421 of the Indian Penal Code. People searching for it also type ipc 421 punishment and ipc 421 in bns. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Atul Sen vs State of H.p. (19 Nov 2020).
What should I read with Section 421 of the Indian Penal Code, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNS 320 (Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 421 of the Indian Penal Code come into force?
Section 421 of the Indian Penal Code, cited as IPC 421, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.