Section 322 of the Bharatiya Nyaya Sanhita (BNS), enacted on December 25, 2023, addresses the dishonest or fraudulent execution of a deed of transfer that contains false statements regarding consideration. This section falls under Chapter XVII, which pertains to offences against property.
Key Provisions of Section 322 BNS
- Definition: The section stipulates that any individual who dishonestly or fraudulently signs, executes, or becomes a party to any deed or instrument that purports to transfer or charge any property, while containing false statements related to the consideration for such transfer or the intended beneficiaries, is subject to legal penalties.
- Penalties: The punishment for violating this section can include imprisonment for up to three years, a fine, or both.
Comparison with Indian Penal Code (IPC)
Section 322 of the BNS is analogous to Section 423 of the Indian Penal Code (IPC), which also deals with the dishonest execution of deeds containing false statements. However, the IPC prescribes a maximum imprisonment term of two years, compared to the three years specified in the BNS. This legislative change reflects a broader effort to modernize and consolidate legal provisions regarding property offences in India, enhancing the legal framework to address fraudulent activities more effectively.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
