- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 244: Fraudulent Claim to Property to Prevent Its Seizure as Forfeited or in Execution
Introduction
Section 244 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with fraudulent interference with the lawful seizure of property.
The provision targets a person who has no genuine right or rightful claim to property or an interest in it but nevertheless fraudulently:
Accepts it;
Receives it;
Claims it; or
Practises deception concerning rights to it,
with the intention of preventing the property from being taken through specified lawful processes.
Those processes include:
Forfeiture;
Satisfaction of a fine under a sentence already pronounced or likely to be pronounced; and
Execution of a decree or order in a civil suit already made or likely to be made.
The essence of the section is therefore:
FALSE PROPERTY RIGHT + FRAUD/DECEPTION + INTENT TO DEFEAT LAWFUL SEIZURE = SECTION 244
Q1. What does Section 244 punish?
Answer:
Section 244 punishes a person who fraudulently:
Accepts;
Receives;
Claims
any property or interest in property, knowing that he has no right or rightful claim to it;
or
Practises deception concerning any right to property or any interest in property;
with the intention of preventing that property or interest from being lawfully taken in one of the circumstances specified by the section.
Q2. What is the object of Section 244?
Answer:
The section seeks to prevent fraudulent arrangements designed to keep property beyond the reach of lawful seizure.
A person should not be able to defeat:
Forfeiture;
Recovery of a fine; or
Execution of a civil decree or order
by creating or asserting a sham property claim.
Core Principle
A FALSE PROPERTY CLAIM CANNOT BE USED AS A SHIELD AGAINST LAWFUL SEIZURE
Q3. Which IPC provision corresponds to Section 244 BNS?
Answer:
According to the supplied comments:
Section 244 BNS = Section 207 IPC
Q4. Has the substance of Section 244 changed under BNS?
Answer:
According to the supplied comments, the language remains unchanged.
The stated drafting change is:
“Court of Justice” → “Court”
Q5. Who can commit the offence?
Answer:
The provision begins with:
“Whoever”
Therefore, it is a general offence.
Any person satisfying its ingredients may potentially commit it.
Q6. What are the essential ingredients of Section 244?
Answer:
The essential ingredients can be broken down as follows:
There must be property or an interest in property;
The accused:
Accepts;
Receives;
Claims the property or interest; or
Practises deception concerning a right to it;
The conduct must be fraudulent;
In the acceptance, receipt, or claim branch, the accused knows he has no right or rightful claim;
The accused intends thereby to prevent the property or interest from being lawfully taken;
The intended prevention must relate to one of the statutory processes:
Forfeiture;
Satisfaction of a fine; or
Execution of a civil decree or order.
Formula
PROPERTY + FALSE RIGHT/CLAIM + FRAUD + INTENT TO PREVENT LAWFUL TAKING = 244
Q7. What property does Section 244 cover?
Answer:
The wording covers:
Any property
and:
Any interest therein
Therefore, it is not limited merely to complete ownership of property.
Q8. What does “interest in property” add?
Answer:
It extends the provision to fraudulent assertions concerning less than full ownership.
For example, the false claim might concern:
A share;
A beneficial interest;
A proprietary interest;
Some other supposed right in the property.
The accused need not necessarily falsely claim ownership of the entire property.
Q9. What are the first three prohibited acts?
Answer:
The accused may fraudulently:
ACCEPT
RECEIVE
or
CLAIM
the property or an interest in it.
Memory
A – R – C
Accept – Receive – Claim
Q10. Why does the section use three different expressions?
Answer:
The wording broadens the offence beyond merely physically receiving property.
A person may become involved by:
Accepting an apparent right;
Receiving the property;
Claiming an interest in it.
Thus, different methods of creating or asserting a sham property entitlement are covered.
Q11. What knowledge must accompany accepting, receiving, or claiming the property?
Answer:
The accused must know:
THAT HE HAS NO RIGHT OR RIGHTFUL CLAIM TO THE PROPERTY OR INTEREST
This is an essential requirement.
Q12. Is merely having a weak property claim enough?
Answer:
No.
The supplied wording requires knowledge that the person has:
No right or rightful claim
Therefore, a genuine dispute about property rights is different from knowingly asserting a false right.
Q13. What if a person honestly believes that the property belongs to him?
Answer:
If he genuinely believes that he has a rightful claim, the knowledge requirement may be absent.
Section 244 is directed at fraudulent conduct, not bona fide disputes about ownership or entitlement.
Q14. Is an honest mistake about ownership sufficient?
Answer:
No.
The statutory requirements include fraudulent conduct and, in the relevant branch, knowledge that the accused has no right or rightful claim.
Memory
GENUINE PROPERTY DISPUTE ≠ SECTION 244
Q15. What is the alternative prohibited act under Section 244?
Answer:
The provision also applies where the accused:
PRACTISES ANY DECEPTION TOUCHING ANY RIGHT TO PROPERTY OR ANY INTEREST THEREIN
Thus, liability is not confined to expressly claiming ownership.
Q16. What does “practises any deception” mean for study purposes?
Answer:
It covers deceptive conduct concerning the existence, ownership, entitlement, or interest in the property.
The deception is used to interfere with the lawful taking of the property.
Q17. Give a simple example of deception concerning property rights.
Answer:
Suppose A's property is liable to be seized in execution of a civil decree.
B has no genuine right in the property but participates in a fraudulent arrangement representing that the property belongs to B.
The object is to prevent the property from being taken in execution.
Section 244 may apply.
Q18. Is fraud an essential element?
Answer:
Yes.
The provision expressly uses:
“fraudulently”
The section therefore does not criminalise an innocent or bona fide assertion of property rights.
Q19. Is fraudulent conduct alone sufficient?
Answer:
No.
The section also requires the specified purpose:
INTENTION TO PREVENT THE PROPERTY OR INTEREST FROM BEING TAKEN
under one of the lawful processes listed in the section.
Q20. What is the special intent required under Section 244?
Answer:
The accused must intend to prevent the property or interest from being taken:
As a forfeiture;
In satisfaction of a fine; or
In execution of a decree or order in a civil suit.
Memory
FORFEITURE – FINE – CIVIL EXECUTION
Q21. Is merely making a false claim to property enough?
Answer:
Not by itself.
The false or deceptive property claim must be connected with the statutory purpose of preventing lawful seizure.
This is a major examination point.
Formula
FALSE PROPERTY CLAIM ALONE ≠ 244
It must be:
FALSE PROPERTY CLAIM + INTENT TO PREVENT SPECIFIED LAWFUL TAKING
Q22. What is the first type of lawful taking mentioned?
Answer:
The property may be liable to be taken:
AS A FORFEITURE
Section 244 prohibits fraudulent interference designed to prevent such forfeiture.
Q23. What is the second type of lawful taking?
Answer:
The property may be liable to be taken:
IN SATISFACTION OF A FINE
under a sentence.
Q24. Must the sentence imposing the fine already have been pronounced?
Answer:
No.
The section covers a sentence:
Which has been pronounced; or
Which the accused knows to be likely to be pronounced.
This gives the provision a preventive reach.
Q25. Why is “likely to be pronounced” important?
Answer:
It means the accused cannot escape liability merely because he creates the sham property arrangement shortly before the expected sentence.
The section can apply where the fraudulent conduct is intended to prevent satisfaction of a fine which the accused knows is likely to be imposed.
Q26. Give an example involving a fine already imposed.
Answer:
Suppose A has been sentenced to pay a fine and his property may lawfully be taken to satisfy it.
B, knowing he has no genuine right to A's property, fraudulently claims ownership so that the property cannot be seized.
Section 244 may apply.
Q27. Give an example involving a fine likely to be imposed.
Answer:
Suppose A knows that a Court is likely to pronounce a sentence involving a fine.
B has no right to A's property but fraudulently accepts or claims it as his own so that it will not be available to satisfy the anticipated fine.
Section 244 may apply if all ingredients are proved.
Q28. What is the third type of lawful taking?
Answer:
The property may be liable to be taken:
IN EXECUTION OF A DECREE OR ORDER IN A CIVIL SUIT
Q29. Must the civil decree or order already exist?
Answer:
No.
The section covers a decree or order:
Which has been made; or
Which the accused knows is likely to be made by a Court in a civil suit.
Q30. Why is this significant?
Answer:
It prevents a debtor and another person from defeating civil execution by creating a fraudulent property claim before the decree or order is formally made.
Q31. Give an example involving an existing civil decree.
Answer:
A obtains a civil decree against B.
B's property is liable to be taken in execution.
C, knowing he has no genuine right to that property, fraudulently claims it in order to prevent execution.
Section 244 may apply.
Q32. Give an example involving an anticipated civil decree.
Answer:
Suppose B knows that a Court is likely to make a civil decree against him.
Before that happens, C fraudulently claims B's property despite knowing that he has no genuine right to it.
If the purpose is to keep the property beyond the reach of the anticipated execution, Section 244 may apply.
Q33. Does Section 244 therefore cover both existing and anticipated legal processes?
Answer:
Yes.
This is an important feature.
For fines, it covers a sentence:
PRONOUNCED OR LIKELY TO BE PRONOUNCED
For civil decrees/orders, it covers one:
MADE OR LIKELY TO BE MADE
Q34. What are the three enforcement situations in the easiest possible form?
Answer:
1. FORFEITURE
2. FINE
3. CIVIL EXECUTION
Memory
F – F – C
Forfeiture – Fine – Civil execution
Q35. Does the section require actual successful prevention of seizure?
Answer:
The statutory wording focuses on:
“intending thereby to prevent”
Therefore, the essential element is the specified intention.
It does not expressly require that the fraudulent scheme actually succeed in preventing the property from being taken.
Q36. Must the property actually be seized first?
Answer:
No.
The offence is designed precisely to address conduct intended to prevent the property from being taken.
The fraudulent act may therefore occur before actual seizure.
Q37. Must the accused personally own the property?
Answer:
No.
Indeed, the relevant branch specifically contemplates a person who knows:
He has no right or rightful claim
to the property or interest.
Q38. Is physical possession necessary?
Answer:
Not in every case.
The provision includes not only receiving property but also:
Accepting it;
Claiming it;
Practising deception concerning rights to it.
Thus, physical receipt is not the only route to liability.
Q39. Is a false document expressly required?
Answer:
No.
The supplied wording does not make creation of a false document an essential ingredient.
The offence can arise through fraudulent acceptance, receipt, claim, or deception concerning the property right.
Q40. Is an actual transfer of ownership required?
Answer:
No such requirement appears in the supplied text.
A fraudulent claim or deception concerning the property right may itself be sufficient if accompanied by the required knowledge and intention.
Q41. Can the section apply to a sham ownership claim?
Answer:
Yes.
A classic application would be a person falsely claiming that property belongs to him when he knows it does not, specifically to prevent lawful seizure from the true person whose property is liable to be taken.
Q42. Can the section apply to a sham partial interest?
Answer:
Yes.
The provision expressly includes:
ANY INTEREST IN PROPERTY
Therefore, falsely claiming only a share or interest may still fall within the section.
Q43. What is the role of knowledge under Section 244?
Answer:
Knowledge operates at important points.
The accused may know:
He has no right or rightful claim to the property;
A sentence involving a fine is likely to be pronounced;
A civil decree or order is likely to be made.
Thus, Section 244 expressly reaches certain fraudulent anticipatory arrangements.
Q44. Is negligence sufficient?
Answer:
No.
The provision requires:
Fraudulent conduct;
Relevant knowledge; and
Specific intent to prevent lawful taking.
Mere carelessness does not satisfy this structure.
Q45. Is a genuine third-party ownership claim criminal merely because it delays execution?
Answer:
No.
Suppose C genuinely owns property which a creditor mistakenly seeks to seize as B's property.
C's assertion of his genuine ownership is fundamentally different from Section 244 because C has a rightful claim.
Key Distinction
GENUINE THIRD-PARTY RIGHT = NOT THE TARGET
KNOWINGLY FALSE THIRD-PARTY RIGHT + FRAUDULENT PURPOSE = SECTION 244
Q46. What is the punishment under Section 244?
Answer:
The offender may be punished with:
Imprisonment of either description up to 2 years; or
Fine; or
Both.
Q47. What does “imprisonment of either description” mean?
Answer:
It means:
Simple imprisonment; or
Rigorous imprisonment.
Q48. What is the maximum term of imprisonment?
Answer:
2 years
Q49. Does the supplied provision specify a maximum fine?
Answer:
No specific monetary ceiling is stated.
The punishment is:
UP TO 2 YEARS / FINE / BOTH
Q50. What is the classification of Section 244?
Answer:
According to the supplied material:
Non-Cognizable
Bailable
Any Magistrate
Memory
NC + B + ANY MAGISTRATE
Q51. Is Section 244 cognizable?
Answer:
No.
It is:
NON-COGNIZABLE
Q52. Is Section 244 bailable?
Answer:
Yes.
It is:
BAILABLE
Q53. Which Court may try Section 244?
Answer:
According to the supplied classification:
ANY MAGISTRATE
This should be distinguished from Sections 245–247, for which the supplied classifications specify a Magistrate of the First Class.
Q54. How does Section 244 differ from Section 245?
Answer:
Section 244
A person with no genuine right fraudulently claims or deals with property to prevent it from being taken through:
Forfeiture;
Fine recovery;
Civil execution.
Memory
FALSE PROPERTY CLAIM TO BLOCK SEIZURE
Section 245
A person fraudulently causes or suffers a decree/order:
AGAINST HIMSELF
for something not due, or allows execution after satisfaction.
Memory
FALSE DECREE AGAINST SELF
Q55. How does Section 244 differ from Section 246?
Answer:
Section 244
The false or deceptive claim concerns property and is designed to prevent lawful seizure.
Section 246
The person knowingly makes any false claim in Court fraudulently, dishonestly, or with intent to injure or annoy.
Memory
244 = PROPERTY + BLOCK SEIZURE
246 = FALSE CLAIM IN COURT
Q56. How does Section 244 differ from Section 247?
Answer:
Section 244
Fraudulently claim property or an interest to prevent lawful taking.
Focus
BLOCK SEIZURE
Section 247
Fraudulently obtain a decree/order against another person for:
Sum not due;
Excess sum;
Property not entitled;
or fraudulently execute it after satisfaction.
Focus
OBTAIN/EXECUTE FALSE DECREE
Q57. How does Section 244 differ from Section 248?
Answer:
Section 244
Fraudulent property claim intended to prevent lawful seizure.
Section 248
Knowingly groundless criminal proceeding or false criminal charge made with intent to injure.
Memory
244 = FALSE PROPERTY CLAIM
248 = FALSE CRIMINAL CHARGE
Q58. What is the easiest examination test for Section 244?
Answer:
Ask:
Is there property or an interest in property?
Did the accused accept, receive, claim, or practise deception concerning it?
Did he know he had no rightful claim?
Was the conduct fraudulent?
Did he intend to prevent the property from being taken?
Was the intended taking connected with:
Forfeiture;
Satisfaction of a fine; or
Execution of a civil decree/order?
If these elements are present, Section 244 becomes relevant.
Q59. What are the most important words to remember?
Answer:
ACCEPT – RECEIVE – CLAIM – DECEIVE
combined with:
NO RIGHT
and:
PREVENT LAWFUL TAKING
Q60. What is the shortest memory formula?
Answer:
“FALSELY CLAIM PROPERTY TO KEEP IT FROM LAWFUL SEIZURE = 244.”
Key Provisions (Study Notes)
1. Subject Matter
Section 244 covers:
PROPERTY
or:
AN INTEREST IN PROPERTY
2. First Group of Acts
The accused fraudulently:
ACCEPTS – RECEIVES – CLAIMS
the property or interest.
3. Knowledge Requirement
The accused knows:
HE HAS NO RIGHT OR RIGHTFUL CLAIM
4. Alternative Deception Branch
The accused:
PRACTISES DECEPTION
concerning any right to property or interest in it.
5. Specific Intention
The purpose must be:
TO PREVENT THE PROPERTY FROM BEING LAWFULLY TAKEN
6. Three Lawful Taking Situations
First
FORFEITURE
Second
SATISFACTION OF FINE
Third
EXECUTION OF CIVIL DECREE OR ORDER
Memory
FORFEITURE – FINE – CIVIL EXECUTION
Existing and Anticipated Proceedings
An important feature of Section 244 is that it is not limited to an enforcement order already in existence.
Fine
The sentence may:
Already have been pronounced; or
Be known to be likely to be pronounced.
Civil Decree or Order
It may:
Already have been made; or
Be known to be likely to be made.
Memory
EXISTING OR EXPECTED
Thus, fraudulent steps taken in anticipation of lawful enforcement may also be covered.
Essential Ingredients — Rapid Recall
PROPERTY / INTEREST
+
ACCEPT / RECEIVE / CLAIM / DECEIVE
+
KNOW NO RIGHT
+
FRAUD
+
INTENT TO PREVENT SEIZURE
+
FORFEITURE / FINE / CIVIL EXECUTION
= SECTION 244
Punishment Notes
Section 244 provides:
IMPRISONMENT OF EITHER DESCRIPTION UP TO 2 YEARS
or:
FINE
or:
BOTH
Classification Notes
According to the supplied material:
NON-COGNIZABLE
BAILABLE
ANY MAGISTRATE
Memory
NC + B + ANY MAGISTRATE
IPC Equivalent and BNS Change
According to the supplied comments:
Section 244 BNS = Section 207 IPC
The language remains unchanged except for the stated substitution:
“COURT OF JUSTICE” → “COURT”
Quick Revision Notes
Section
244 BNS
Title
Fraudulent claim to property to prevent its seizure as forfeited or in execution
IPC Equivalent
Section 207 IPC
Property
Property or any interest in property.
Acts
Fraudulently accepts;
Receives;
Claims;
Practises deception concerning property rights.
Knowledge
Knows he has no right or rightful claim.
Special Intention
Prevent property from being taken.
Three Situations
Forfeiture – Fine – Civil Execution
Punishment
Up to 2 years / fine / both
Classification
Non-Cognizable + Bailable + Any Magistrate
BNS Drafting Change
“Court of Justice” → “Court”
Exam Traps
Trap 1 — Thinking every false property claim is Section 244
Incorrect.
The special intention must be:
TO PREVENT SPECIFIED LAWFUL TAKING
Trap 2 — Forgetting that an interest in property is sufficient
Full ownership need not be falsely claimed.
The provision expressly covers:
ANY INTEREST THEREIN
Trap 3 — Requiring physical receipt of property
Incorrect.
The section covers:
ACCEPT – RECEIVE – CLAIM – DECEPTION
Trap 4 — Forgetting knowledge of absence of right
For the acceptance/receipt/claim branch, the accused must know that he has:
NO RIGHT OR RIGHTFUL CLAIM
Trap 5 — Thinking the seizure must actually occur
Incorrect.
The provision focuses on:
INTENDING TO PREVENT
the taking.
Trap 6 — Thinking the fraudulent scheme must succeed
Success is not expressly required.
The relevant intention is central.
Trap 7 — Restricting Section 244 to forfeiture
Incorrect.
Remember all three:
FORFEITURE – FINE – CIVIL EXECUTION
Trap 8 — Thinking a fine must already have been imposed
Incorrect.
The sentence may also be one which the accused knows is:
LIKELY TO BE PRONOUNCED
Trap 9 — Thinking the civil decree must already exist
Incorrect.
It may also be one which the accused knows is:
LIKELY TO BE MADE
Trap 10 — Treating a genuine third-party property claim as criminal
Incorrect.
Section 244 targets fraudulent claims, not bona fide assertions of genuine property rights.
Trap 11 — Confusing Section 244 with Section 245
Remember:
244 = FALSE PROPERTY CLAIM TO BLOCK SEIZURE
245 = FALSE DECREE AGAINST SELF
Trap 12 — Confusing Section 244 with Section 246
Remember:
244 = PROPERTY + PREVENT SEIZURE
246 = KNOWINGLY FALSE CLAIM IN COURT
Trap 13 — Confusing Section 244 with Section 247
Remember:
244 = BLOCK PROPERTY FROM EXECUTION
247 = FRAUDULENTLY OBTAIN/EXECUTE DECREE
Rapid Revision Chain: Sections 244–248
244
Fraudulently claim property to keep it beyond lawful seizure.
Memory
BLOCK SEIZURE
245
Fraudulently allow false/excessive decree against oneself.
Memory
SUFFER FALSE DECREE
246
Knowingly make false claim in Court.
Memory
FALSE COURT CLAIM
247
Fraudulently obtain or execute decree/order against another for something not due.
Memory
OBTAIN FALSE DECREE
248
Knowingly institute groundless criminal proceeding or false criminal charge with intent to injure.
Memory
FALSE CRIMINAL CHARGE
Best Five-Section Memory Sequence
244 = BLOCK
245 = SUFFER
246 = CLAIM
247 = OBTAIN
248 = ACCUSE
Expanded:
244 = BLOCK SEIZURE WITH FALSE PROPERTY CLAIM
245 = SUFFER FALSE DECREE AGAINST SELF
246 = MAKE FALSE CLAIM IN COURT
247 = OBTAIN FALSE DECREE AGAINST ANOTHER
248 = MAKE FALSE CRIMINAL CHARGE
Ultimate Memory Formula
SECTION 244
FRAUDULENTLY
ACCEPT / RECEIVE / CLAIM PROPERTY
KNOWING
NO RIGHT OR RIGHTFUL CLAIM
OR
PRACTISE DECEPTION ABOUT PROPERTY RIGHTS
WITH INTENT TO PREVENT
FORFEITURE
OR
SATISFACTION OF FINE
OR
CIVIL EXECUTION
= SECTION 244
Key Takeaway
Section 244 BNS punishes fraudulent property claims or deception designed to place property beyond the reach of lawful enforcement.
The accused may:
Accept;
Receive;
Claim property or an interest in it while knowing he has no rightful claim; or
Practise deception concerning property rights.
But the defining purpose is crucial:
THE CONDUCT MUST BE INTENDED TO PREVENT THE PROPERTY FROM BEING TAKEN
in connection with:
FORFEITURE – FINE – CIVIL EXECUTION
The section can operate even where the relevant sentence, decree, or order is only likely to be pronounced or made, provided the statutory knowledge and intention are present.
The punishment is:
Up to 2 years / fine / both
The offence is:
Non-Cognizable + Bailable + Any Magistrate
According to the supplied comments:
Section 244 BNS = Section 207 IPC
with the stated drafting change:
“Court of Justice” → “Court”
Final Memory Line
“244 = FRAUDULENT FALSE PROPERTY RIGHT + INTENT TO BLOCK FORFEITURE, FINE RECOVERY, OR CIVIL EXECUTION.”
