Section 321 of the New Bharatiya Nyaya Sanhita (BNS) pertains to the offense of dishonestly or fraudulently preventing a debt from being available for payment to creditors. This section is part of Chapter XVII, which addresses offenses against property.
Key Provisions of Section 321 BNS
- Definition: The section states that any individual who dishonestly or fraudulently prevents a debt or demand that is due to themselves or another person from being legally available for payment shall be subject to punishment.
- Punishment: The punishment for violating this section can include imprisonment for a term that may extend up to two years, a fine, or both.
Context and Significance
This provision aims to protect the rights of creditors by ensuring that debts are honored and not obstructed through dishonest means. The enactment of the Bharatiya Nyaya Sanhita in December 2023 reflects an effort to consolidate and amend existing laws related to offenses, enhancing legal clarity and enforcement in matters of property and debt. Section 321 thus serves as a critical legal tool in safeguarding financial transactions and maintaining the integrity of creditor-debtor relationships within the Indian legal framework.
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.
