Indian Criminal Law | Updated 29 October 2026

IPC Section 207 and BNS Section 244: Fraudulent Claim to Property to Prevent Seizure

A fraudulent claim to property made to defeat a court-ordered forfeiture, fine or execution of a civil decree may constitute a criminal offence. The former Section 207 of the Indian Penal Code, 1860 corresponds to Section 244 of the Bharatiya Nyaya Sanhita, 2023.

What does BNS Section 244 prohibit?

Section 244 penalises a person who fraudulently accepts, receives or claims property or an interest in it despite knowing that they have no right or rightful claim, or who practises deception concerning rights in property, with the intention of preventing that property from being taken:

• as a forfeiture or in satisfaction of a fine under a sentence already pronounced or known to be likely to be pronounced by a court or competent authority; or
• in execution of a decree or order already made, or known to be likely to be made, by a court in a civil suit.

The offence concerns deliberately deceptive interference with the lawful recovery or execution process. A genuine ownership dispute, without the required knowledge and fraudulent intention, does not by itself establish this offence.

Essential ingredients of the offence

1. Property or an interest in property: The conduct relates to identifiable property or a legal interest in it.
2. Fraudulent conduct: The accused accepts, receives or claims it without a rightful claim, or uses deception about property rights.
3. Knowledge: In the false-claim branch, the accused knows that no right or rightful claim exists.
4. Specific intention: The conduct is intended to prevent forfeiture, satisfaction of a fine, or execution of a civil court decree or order.
5. Relevant legal process: The sentence, decree or order exists or is known by the accused to be likely.

Punishment under Section 244 BNS

The punishment is imprisonment of either description for up to two years, or fine, or both. The section does not prescribe a specific maximum fine. The offence is classified in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 as non-cognizable and bailable, and triable by any Magistrate.

IPC Section 207 and BNS Section 244

Illustrative example

Suppose a court is expected to execute a money decree against a debtor's property. A third person, knowing they have no ownership interest, fraudulently asserts that the property belongs to them solely to stop its attachment or sale. Depending on the evidence and all statutory elements, this conduct may attract Section 244 BNS.

Difference from fraudulent removal or concealment

IPC Section 206 (now BNS Section 243) primarily addresses fraudulent removal, concealment, transfer or delivery of property to defeat seizure. IPC Section 207 (now BNS Section 244) addresses fraudulent acceptance, receipt or claims, and deception about property rights. The offences have different elements and should not be treated as interchangeable.

Frequently asked questions

What is the BNS equivalent of IPC Section 207?

Section 244 of the Bharatiya Nyaya Sanhita, 2023.

Is BNS Section 244 bailable?

Yes. It is bailable and non-cognizable under the BNSS First Schedule.

Is every incorrect claim of ownership a criminal offence?

No. The prosecution must establish the statutory fraudulent conduct, the relevant knowledge and intention, and the connection with forfeiture, a fine or execution proceedings.

What is the maximum punishment?

Imprisonment for up to two years, or a fine, or both.

Official legal sources

• National Crime Records Bureau: Bharatiya Nyaya Sanhita section-wise text
• NCRB Sankalan: New criminal laws and section correspondence
• Bharatiya Nyaya Sanhita, 2023: Government-hosted PDF
• India Code: Official central legislation database

Legal note: This article is general information, not a substitute for legal advice. The applicable law and procedural classification should be checked against the official enactments and the facts of the case.