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KembaraXtra - Bharatiya Nyaya Sanhita - Section 235: Using as True a Certificate Known to Be False
Introduction
Section 235 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who corruptly uses or attempts to use as true a certificate covered by the preceding provision, while knowing that the certificate is false in a material point.
The section is concerned not with the original making or issuing of the false certificate, but with its later use or attempted use as genuine.
The central idea is:
FALSE CERTIFICATE + KNOWLEDGE OF MATERIAL FALSEHOOD + CORRUPT USE OR ATTEMPTED USE AS TRUE = SECTION 235
Q1. What does Section 235 punish?
Answer:
Section 235 punishes a person who:
- Uses or attempts to use a certificate as true;
- Does so corruptly;
- Knows that the certificate is false in a material point; and
- The certificate is one of the kind referred to by the words “any such certificate”.
Q2. What is the object of Section 235?
Answer:
The object is to prevent false certificates from being knowingly and corruptly relied upon as genuine.
The provision protects the integrity of legal and official processes in which certificates may be relied upon as proof.
Core Principle
A PERSON CANNOT KNOWINGLY USE A MATERIALLY FALSE CERTIFICATE AS IF IT WERE TRUE
Q3. Which IPC provision corresponds to Section 235 BNS?
Answer:
According to the supplied comments:
Section 235 BNS = Section 198 IPC
Q4. Has Section 235 changed under BNS?
Answer:
According to the supplied comments:
- The language remains unchanged; and
- The provision has been retained as it is.
No substantive change is identified in the supplied material.
Q5. What does the expression “any such certificate” indicate?
Answer:
It indicates that Section 235 is linked to the preceding provision dealing with the relevant false certificate.
Section 235 therefore operates as the use provision for the false certificate covered by that earlier section.
Memory
PRECEDING SECTION = FALSE CERTIFICATE
235 = USE THAT FALSE CERTIFICATE
Q6. What are the essential ingredients of Section 235?
Answer:
The essential ingredients are:
- There must be a certificate of the kind contemplated by the preceding provision;
- The certificate must be false in a material point;
- The accused must know that it is false in that material point;
- The accused must use or attempt to use it as a true certificate;
- The use or attempted use must be corrupt.
Formula
CERTIFICATE + MATERIAL FALSEHOOD + KNOWLEDGE + CORRUPT USE/ATTEMPTED USE AS TRUE = 235
Q7. Must the certificate actually be false?
Answer:
Yes.
The section specifically refers to a certificate which is:
FALSE IN A MATERIAL POINT
Q8. Is every incorrect detail sufficient?
Answer:
No.
The falsehood must relate to a:
MATERIAL POINT
A minor or irrelevant mistake does not automatically satisfy the section.
Q9. Why is materiality important?
Answer:
Because the law is concerned with falsehoods that are significant to the certificate and the purpose for which it is being relied upon.
The false part must have real relevance.
Q10. What is the required mental element?
Answer:
The accused must:
KNOW
that the certificate is false in a material point.
Q11. Is mere suspicion enough?
Answer:
No.
The wording requires:
KNOWING THE SAME TO BE FALSE
Mere doubt or suspicion is not identical to knowledge.
Q12. What if the accused honestly believes the certificate is genuine?
Answer:
Section 235 would not be attracted merely because the certificate later turns out to be false.
The accused must know of its material falsity.
Q13. Is carelessness sufficient?
Answer:
Not by itself.
Negligent failure to check the certificate is not the same as knowingly using a materially false certificate.
Q14. What is the prohibited act under Section 235?
Answer:
The accused must:
USE
or
ATTEMPT TO USE
the certificate as true.
Q15. Is completed successful use necessary?
Answer:
No.
The section expressly includes:
ATTEMPTS TO USE
Therefore, liability may arise even if the certificate is rejected before it achieves its intended purpose.
Q16. Why is attempted use important?
Answer:
Because the law does not require successful deception.
If the accused corruptly presents a materially false certificate as true and the attempt fails, Section 235 may still apply.
Q17. What does “as a true certificate” mean?
Answer:
It means presenting, relying upon, submitting, or otherwise treating the certificate as genuine and truthful.
Q18. Must the accused be the person who originally made the false certificate?
Answer:
No.
Section 235 focuses on the person who:
USES OR ATTEMPTS TO USE
the certificate.
The maker and the user may be different persons.
Q19. Why is this distinction important?
Answer:
Because the law separates two different acts:
- Creating or issuing a false certificate; and
- Knowingly using that false certificate as true.
Section 235 deals with the second.
Q20. What does “corruptly” add to the offence?
Answer:
The use or attempted use must be:
CORRUPT
This means innocent reliance is not enough.
The accused must knowingly use the false certificate in the improper manner contemplated by the provision.
Q21. Is dishonest intention expressly required?
Answer:
No.
The section uses:
“CORRUPTLY”
rather than “dishonestly.”
Q22. Is fraudulent intention expressly required?
Answer:
No.
The provision specifically uses the word:
“CORRUPTLY”
and the analysis should remain tied to that statutory language.
Q23. Is malicious intention expressly required?
Answer:
No.
Malice is not separately stated as an ingredient.
Q24. Must the accused obtain money or property?
Answer:
No.
Financial gain is not an express requirement.
Q25. Must another person suffer loss?
Answer:
No.
Actual loss is not stated as a separate ingredient.
Q26. Must the certificate actually influence a decision?
Answer:
No.
Successful influence is not required because the section expressly punishes attempted use.
Q27. Must an authority accept the certificate as genuine?
Answer:
No.
The offence may still arise where the authority immediately rejects the certificate.
Q28. Give a simple example of completed use.
Answer:
Suppose A possesses a certificate which he knows contains a materially false statement.
A knowingly presents it as genuine in order to have it accepted as true.
If the use is corrupt, Section 235 may apply.
Q29. Give an example of attempted use.
Answer:
Suppose A submits a materially false certificate knowing it is false, but the receiving authority detects the falsehood immediately.
A may still fall within Section 235 because:
ATTEMPTED USE IS EXPRESSLY COVERED
Q30. What if the certificate contains a minor spelling error?
Answer:
A minor error that does not affect any material point would not automatically satisfy the section.
The falsehood must be material.
Q31. What if the certificate falsely states an important qualifying fact?
Answer:
That is much more likely to satisfy the requirement of material falsehood, provided the accused knows of the falsity and corruptly uses or attempts to use it as true.
Q32. Does the section require that the certificate itself be wholly false?
Answer:
No.
It is enough that it be false:
IN ANY MATERIAL POINT
Thus, a certificate may be partly true yet still fall within the provision if a material part is knowingly false.
Q33. Is an innocent user liable merely because the certificate is false?
Answer:
No.
Knowledge is essential.
Memory
FALSE CERTIFICATE ALONE ≠ SECTION 235
There must also be:
KNOWLEDGE + CORRUPT USE
Q34. What if the accused learns of the falsehood only after using the certificate?
Answer:
The section requires knowledge at the time of the corrupt use or attempted use.
A person who genuinely did not know of the falsehood when using it would not satisfy that ingredient on that act alone.
Q35. What is the punishment under Section 235?
Answer:
The section provides that the offender:
SHALL BE PUNISHED IN THE SAME MANNER AS IF HE GAVE FALSE EVIDENCE
Thus, Section 235 does not state an independent fixed punishment in the supplied text.
Q36. Is a separate maximum imprisonment stated in Section 235 itself?
Answer:
No.
The punishment follows the punishment applicable to giving false evidence.
Q37. Is a separate fine ceiling stated in Section 235?
Answer:
No.
Again, the section incorporates the punishment for giving false evidence.
Q38. Why is the punishment wording important?
Answer:
Because students should not invent a separate punishment for Section 235.
The correct formulation is:
PUNISHMENT = SAME AS GIVING FALSE EVIDENCE
Q39. What is the classification of Section 235?
Answer:
According to the supplied classification:
- Non-Cognizable
- Bailable
- Triable by the Court by which the offence of giving false evidence is triable
Q40. Is Section 235 cognizable?
Answer:
No.
It is:
NON-COGNIZABLE
Q41. Is Section 235 bailable?
Answer:
Yes.
It is:
BAILABLE
Q42. Which Court may try Section 235?
Answer:
According to the supplied classification:
THE COURT BY WHICH THE OFFENCE OF GIVING FALSE EVIDENCE IS TRIABLE
Q43. How does Section 235 relate to Section 237?
Answer:
The structure is closely parallel.
Section 235
Uses or attempts to use as true a:
FALSE CERTIFICATE
Section 237
Uses or attempts to use as true a:
FALSE DECLARATION
Both involve:
- Corrupt use;
- Material falsehood;
- Knowledge of falsity;
- Punishment as false evidence.
Q44. What is the easiest distinction between Section 235 and Section 237?
Answer:
235 = CERTIFICATE
237 = DECLARATION
Q45. What is the conceptual pattern behind Sections 234–237?
Answer:
For study purposes, the sequence can be remembered as two pairs:
CERTIFICATE PAIR
- Preceding provision = false certificate
- 235 = use false certificate
DECLARATION PAIR
- 236 = make false declaration
- 237 = use false declaration
Memory
CERTIFICATE → USE
DECLARATION → MAKE → USE
Q46. How does Section 235 differ from Section 236?
Answer:
Section 235
Focuses on:
USING A FALSE CERTIFICATE
Section 236
Focuses on:
MAKING OR SUBSCRIBING A FALSE DECLARATION LEGALLY RECEIVABLE AS EVIDENCE
Q47. Does Section 235 require a declaration?
Answer:
No.
Its subject is:
CERTIFICATE
Q48. Does Section 236 require a certificate?
Answer:
No.
Its subject is:
DECLARATION
Q49. What common feature links Sections 235 and 237?
Answer:
Both punish:
CORRUPT USE OR ATTEMPTED USE AS TRUE
of an instrument known to be materially false.
Q50. What common punishment principle links Sections 235, 236 and 237?
Answer:
Each supplied provision states punishment in relation to:
FALSE EVIDENCE
For Section 235 specifically:
SAME MANNER AS IF HE GAVE FALSE EVIDENCE
Q51. What is the easiest problem-question test for Section 235?
Answer:
Ask:
- Is there a certificate of the kind contemplated by the preceding provision?
- Is the certificate false in a material point?
- Does the accused know it is materially false?
- Did the accused use or attempt to use it as true?
- Was that use corrupt?
If yes, Section 235 becomes relevant.
Q52. What are the four main words to remember?
Answer:
CERTIFICATE
FALSE
KNOWLEDGE
USE
with the additional requirement:
CORRUPTLY
Q53. What is the shortest memory formula?
Answer:
“KNOWINGLY AND CORRUPTLY USE A MATERIALLY FALSE CERTIFICATE AS TRUE = 235.”
Key Provisions (Study Notes)
1. Subject Matter
The section concerns:
A CERTIFICATE
of the kind contemplated by the preceding provision.
2. Falsehood
The certificate must be false:
IN A MATERIAL POINT
3. Knowledge
The accused must:
KNOW
of the material falsity.
4. Conduct
The accused must:
USE
or
ATTEMPT TO USE
the certificate.
5. Representation
It must be used:
AS A TRUE CERTIFICATE
6. Mental Character of Use
The use must be:
CORRUPT
Essential Ingredients — Rapid Recall
CERTIFICATE
+
FALSE IN MATERIAL POINT
+
KNOWLEDGE OF FALSEHOOD
+
CORRUPT USE OR ATTEMPTED USE
+
AS TRUE
= SECTION 235
Section 235 vs Section 237
Section 235
FALSE CERTIFICATE
The accused corruptly uses or attempts to use it as true.
Section 237
FALSE DECLARATION
The accused corruptly uses or attempts to use it as true.
Ultra-Short Memory
235 = CERTIFICATE
237 = DECLARATION
Section 235 vs Section 236
Section 235
USE FALSE CERTIFICATE
Section 236
MAKE FALSE DECLARATION
Memory
235 = USE CERTIFICATE
236 = MAKE DECLARATION
Punishment Notes
Section 235 does not state a separate fixed sentence in the supplied provision.
Instead:
PUNISHMENT = SAME AS GIVING FALSE EVIDENCE
Classification Notes
According to the supplied material:
NON-COGNIZABLE
BAILABLE
COURT WHICH TRIES THE OFFENCE OF GIVING FALSE EVIDENCE
IPC Equivalent and BNS Position
According to the supplied comments:
Section 235 BNS = Section 198 IPC
The language remains unchanged and the provision has been retained as it is.
Quick Revision Notes
Section
235 BNS
Title
Using as true a certificate known to be false
IPC Equivalent
Section 198 IPC
Subject
Certificate.
Act
Use or attempt to use it as true.
Falsehood
False in a material point.
Mens Rea
Knowledge of material falsity.
Additional Requirement
Corrupt use.
Attempt
Expressly punishable.
Punishment
Same as giving false evidence.
Classification
Non-Cognizable + Bailable + Court competent to try false evidence
BNS Change
No substantive change stated.
Exam Traps
Trap 1 — Thinking mere possession of a false certificate is enough
Incorrect.
The section requires:
USE OR ATTEMPTED USE
Trap 2 — Forgetting corrupt use
Knowledge alone is not enough.
The accused must:
CORRUPTLY USE OR ATTEMPT TO USE
the certificate.
Trap 3 — Thinking every false detail is sufficient
Incorrect.
The falsehood must be:
MATERIAL
Trap 4 — Forgetting knowledge
The accused must know the certificate is materially false.
Trap 5 — Treating innocent reliance as sufficient
Incorrect.
A person who genuinely believes the certificate is true lacks the required knowledge.
Trap 6 — Requiring successful use
Incorrect.
ATTEMPT TO USE
is expressly punishable.
Trap 7 — Thinking the accused must have created the certificate
Incorrect.
Section 235 focuses on use.
Trap 8 — Confusing certificate with declaration
Remember:
235 = CERTIFICATE
237 = DECLARATION
Trap 9 — Inventing an independent punishment
Do not do this.
The section says:
SAME PUNISHMENT AS FALSE EVIDENCE
Trap 10 — Requiring actual loss or benefit
Neither is expressly required.
Rapid Revision Chain: Sections 235–248
235 = USE FALSE CERTIFICATE
236 = FALSE DECLARATION
237 = USE FALSE DECLARATION
238 = SCREEN OFFENDER
239 = OMIT INFORMATION
240 = GIVE FALSE INFORMATION
241 = DESTROY EVIDENCE
242 = FALSE PERSONATION
243 = HIDE PROPERTY
244 = FALSE PROPERTY CLAIM
245 = SUFFER FALSE DECREE
246 = FALSE COURT CLAIM
247 = OBTAIN FALSE DECREE
248 = FALSE CRIMINAL CHARGE
Best Memory Sequence
235 = USE CERTIFICATE
236 = MAKE DECLARATION
237 = USE DECLARATION
238 = SCREEN
239 = SILENCE
240 = LIE
241 = DESTROY
242 = PERSONATE
243 = REMOVE
244 = CLAIM PROPERTY
245 = SUFFER
246 = FALSE CLAIM
247 = OBTAIN
248 = ACCUSE
Ultimate Memory Formula
SECTION 235
FALSE CERTIFICATE
+
FALSE IN MATERIAL POINT
+
ACCUSED KNOWS IT IS FALSE
+
CORRUPTLY USES OR ATTEMPTS TO USE
+
AS A TRUE CERTIFICATE
= SECTION 235
Key Takeaway
Section 235 BNS punishes the corrupt use or attempted use of a materially false certificate as true, where the accused knows of the falsehood.
Its essential structure is:
CERTIFICATE
+ MATERIAL FALSEHOOD
+ KNOWLEDGE
+ CORRUPT USE OR ATTEMPTED USE AS TRUE
Successful use is not required because the section expressly covers an attempt to use.
The punishment is:
THE SAME AS IF THE PERSON GAVE FALSE EVIDENCE
The offence is:
Non-Cognizable + Bailable + Triable by the Court competent to try false evidence
According to the supplied comments:
Section 235 BNS = Section 198 IPC
and the provision has been retained without substantive change.
The easiest comparison is:
235 = USE FALSE CERTIFICATE
236 = MAKE FALSE DECLARATION
237 = USE FALSE DECLARATION
Final Memory Line
“235 = KNOW A CERTIFICATE IS MATERIALLY FALSE + CORRUPTLY USE OR TRY TO USE IT AS TRUE.”
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KembaraXtra - Bharatiya Nyaya Sanhita - Section 237: Using as True Such Declaration Knowing It to Be False
Introduction
Section 237 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who corruptly uses or attempts to use as true a declaration covered by Section 236, while knowing that the declaration is false in a material point.
The section does not primarily punish the making of the false declaration. That is dealt with by the preceding provision. Section 237 instead targets the later conduct of using, or attempting to use, that false declaration as though it were true.
The central idea is:
FALSE DECLARATION + KNOWLEDGE OF MATERIAL FALSEHOOD + CORRUPT USE OR ATTEMPTED USE AS TRUE = SECTION 237
Q1. What does Section 237 punish?
Answer:
Section 237 punishes a person who:
- Uses or attempts to use a declaration as true;
- Does so corruptly;
- Knows that the declaration is false in a material point; and
- The declaration is one of the kind contemplated by Section 236.
Q2. What is the object of Section 237?
Answer:
The object is to prevent false declarations from being deliberately introduced or relied upon as genuine in legal or official contexts.
The provision protects the integrity of processes that depend on truthful declarations.
Core Principle
A PERSON CANNOT KNOWINGLY USE A MATERIALLY FALSE DECLARATION AS IF IT WERE TRUE
Q3. Which IPC provision corresponds to Section 237 BNS?
Answer:
According to the supplied comments:
Section 237 BNS = Section 200 IPC
Q4. Has Section 237 changed under BNS?
Answer:
According to the supplied comments:
- The language remains unchanged; and
- The provision has been retained as it is.
No substantive alteration has been identified in the supplied material.
Q5. What is the relationship between Sections 236 and 237?
Answer:
Section 237 expressly refers to:
“ANY SUCH DECLARATION”
This means the declaration must be of the kind referred to in Section 236.
So the two provisions operate together:
236 = FALSE DECLARATION
237 = USING THAT FALSE DECLARATION AS TRUE
Q6. What is the principal distinction between Sections 236 and 237?
Answer:
The distinction is between:
Section 236
The making or subscribing of a false declaration of the relevant kind.
Section 237
The corrupt use or attempted use of such declaration as true, knowing it to be materially false.
Memory
236 = MAKE
237 = USE
Q7. What are the essential ingredients of Section 237?
Answer:
The essential ingredients are:
- There must be a declaration within the meaning of Section 236;
- The declaration must be false in a material point;
- The accused must know that it is false in that material point;
- The accused must use or attempt to use it as true;
- The use or attempted use must be corrupt.
Formula
DECLARATION + MATERIAL FALSEHOOD + KNOWLEDGE + CORRUPT USE/ATTEMPTED USE AS TRUE = 237
Q8. Must the declaration actually be false?
Answer:
Yes.
The section applies where the declaration is:
FALSE IN A MATERIAL POINT
Q9. Is every false detail enough?
Answer:
No.
The falsehood must relate to a:
MATERIAL POINT
Thus, an immaterial or trivial inaccuracy does not automatically satisfy the section.
Q10. Why is the phrase “material point” important?
Answer:
Because the law is concerned with falsehood that is significant to the declaration and the purpose for which it is used.
The false statement must be material rather than merely incidental.
Q11. What is the required mental element?
Answer:
The accused must:
KNOW
that the declaration is false in a material point.
Q12. Is mere suspicion of falsity enough?
Answer:
The supplied wording requires:
KNOWING THE SAME TO BE FALSE
Therefore, the prosecution must establish knowledge, not mere vague suspicion.
Q13. What if the accused honestly believes the declaration is true?
Answer:
Section 237 would not be attracted merely because the declaration later turns out to be false.
The accused must know that it is false in a material point.
Q14. What if the accused is careless and fails to verify the declaration?
Answer:
Carelessness alone is not the same as the statutory requirement of knowledge.
The section expressly requires knowledge of material falsity.
Q15. What is the prohibited act under Section 237?
Answer:
The accused must:
USE
or
ATTEMPT TO USE
the declaration as true.
Q16. Is actual successful use necessary?
Answer:
No.
The section expressly punishes:
ATTEMPT TO USE
Therefore, completed successful use is not necessary.
Q17. Why is “attempts to use” significant?
Answer:
Because the offence may arise even where the false declaration is rejected, detected, or never ultimately accepted.
The attempt itself may be punishable if the other ingredients are present.
Q18. What does “as true” mean?
Answer:
It means presenting, relying upon, submitting, or otherwise treating the declaration as genuine or truthful.
The person seeks to have it accepted as truthful despite knowing that it is materially false.
Q19. Must the accused have made the declaration himself?
Answer:
The wording of Section 237 focuses on the person who:
USES OR ATTEMPTS TO USE
the declaration.
Therefore, the accused need not necessarily be the person who originally made it.
Q20. Why is this important?
Answer:
Because one person may make the false declaration, while another person later knowingly and corruptly uses it.
The two acts are conceptually distinct.
Q21. What does “corruptly” add to the offence?
Answer:
The use or attempted use must be:
CORRUPT
This means that mere innocent reliance is insufficient.
The person must knowingly use the false declaration in an improper or wrongful manner contemplated by the section.
Q22. Is honest reliance punishable?
Answer:
No.
If a person genuinely believes the declaration to be true, the required knowledge and corrupt use would be absent.
Q23. Is dishonest intention expressly mentioned?
Answer:
No.
The section uses the word:
“CORRUPTLY”
rather than “dishonestly.”
Q24. Is fraudulent intention expressly mentioned?
Answer:
No.
The statutory word supplied is:
“CORRUPTLY”
The analysis should therefore remain tied to that wording.
Q25. Must the declaration be used in Court?
Answer:
Section 237 itself does not expressly say that the use must occur only in Court.
Its scope depends on the declaration contemplated by Section 236 and the context in which such a declaration may legally be used.
Q26. Must the declaration be formally admissible?
Answer:
Not necessarily.
This is clarified by the Explanation.
Q27. What does the Explanation provide?
Answer:
The Explanation states that a declaration which is inadmissible merely because of some informality is still a declaration within the meaning of:
SECTION 236
and
SECTION 237
Q28. Why is this Explanation important?
Answer:
Because a person cannot escape liability merely by arguing that the false declaration had some procedural or formal defect.
If its inadmissibility arises only because of an informality, it may still fall within Sections 236 and 237.
Q29. What is meant by “informality” here?
Answer:
For study purposes, it means a defect in form or procedure rather than a defect going to the essential nature of the declaration.
The Explanation says that mere informality does not remove the declaration from the scope of the section.
Q30. Is every inadmissible declaration covered?
Answer:
No.
The Explanation specifically refers to a declaration inadmissible:
MERELY UPON THE GROUND OF SOME INFORMALITY
The protection is therefore limited to that situation.
Q31. Give a simple example of Section 237.
Answer:
Suppose A possesses a declaration which he knows contains a materially false statement.
A submits it as genuine in a proceeding and seeks to rely on it as true.
If the use is corrupt, Section 237 may apply.
Q32. Give an example involving attempted use.
Answer:
Suppose A knowingly presents a materially false declaration for acceptance, but the authority immediately detects the falsehood and refuses to rely on it.
A may still fall within Section 237 because:
ATTEMPTED USE IS EXPRESSLY PUNISHABLE
Q33. Does actual reliance by the authority matter?
Answer:
No actual reliance is expressly required.
The section covers use or attempted use.
Q34. Must the false declaration cause actual injury?
Answer:
No.
Actual injury is not stated as a separate ingredient.
Q35. Must anyone suffer financial loss?
Answer:
No.
Financial loss is not expressly required.
Q36. Must the accused obtain a benefit?
Answer:
No specific benefit is required by the text.
The offence lies in corruptly using or attempting to use the materially false declaration as true.
Q37. Must the false declaration influence the final decision?
Answer:
No.
The section does not require that the declaration ultimately alter the outcome.
Q38. Is successful deception necessary?
Answer:
No.
Because even an attempt to use the declaration is punishable.
Q39. What if the declaration contains an immaterial spelling mistake?
Answer:
An immaterial error by itself would not satisfy the requirement that the declaration be false in a:
MATERIAL POINT
Q40. What if the false part is central to the purpose of the declaration?
Answer:
That is much more likely to satisfy the materiality requirement, provided the accused knows of the falsehood and corruptly uses or attempts to use the declaration as true.
Q41. What is the punishment under Section 237?
Answer:
The section provides that the offender:
SHALL BE PUNISHED IN THE SAME MANNER AS IF HE GAVE FALSE EVIDENCE
Thus, Section 237 does not itself state a separate fixed punishment in the supplied text.
Its punishment follows the punishment applicable to giving false evidence.
Q42. Why is the punishment wording important?
Answer:
Because Section 237 incorporates the punishment for false evidence rather than repeating it.
So, for examination purposes, do not write an independently invented term of imprisonment.
Memory
237 = PUNISHMENT FOLLOWS FALSE EVIDENCE
Q43. Is a specific maximum term stated in Section 237 itself?
Answer:
No.
The supplied provision says the person is to be punished in the same manner as if he gave false evidence.
Q44. Is a specific fine stated in Section 237 itself?
Answer:
No.
Again, punishment is linked to the offence of giving false evidence.
Q45. What is the classification of Section 237?
Answer:
According to the supplied classification:
- Non-Cognizable
- Bailable
- Triable by the Court by which the offence of giving false evidence is triable
Q46. Is Section 237 cognizable?
Answer:
No.
It is:
NON-COGNIZABLE
Q47. Is Section 237 bailable?
Answer:
Yes.
It is:
BAILABLE
Q48. Which Court may try Section 237?
Answer:
According to the supplied classification:
THE COURT BY WHICH THE OFFENCE OF GIVING FALSE EVIDENCE IS TRIABLE
Q49. What is the easiest problem-question test for Section 237?
Answer:
Ask:
- Is there a declaration of the kind covered by Section 236?
- Is it false in a material point?
- Does the accused know of that material falsehood?
- Did the accused use or attempt to use it as true?
- Was that use corrupt?
If yes, Section 237 becomes relevant.
Q50. What are the four key words to remember?
Answer:
DECLARATION
FALSE
KNOWLEDGE
USE
with the additional requirement:
CORRUPTLY
Q51. What is the shortest memory formula?
Answer:
“KNOWINGLY USE A MATERIALLY FALSE DECLARATION AS TRUE = 237.”
Key Provisions (Study Notes)
1. Linked to Section 236
Section 237 applies to:
“ANY SUCH DECLARATION”
meaning a declaration within the scope of Section 236.
2. Falsehood Must Be Material
The declaration must be false:
IN A MATERIAL POINT
3. Knowledge Required
The accused must:
KNOW
that the declaration is materially false.
4. Conduct Covered
The accused may:
USE
or
ATTEMPT TO USE
the declaration.
5. Use Must Be as True
The false declaration must be presented or relied upon:
AS TRUE
6. Use Must Be Corrupt
The conduct must be:
CORRUPT
Innocent reliance is not sufficient.
7. Informality Does Not Automatically Exclude the Declaration
A declaration remains within Sections 236 and 237 even if it is inadmissible merely because of some informality.
Essential Ingredients — Rapid Recall
SECTION 236 DECLARATION
+
FALSE IN MATERIAL POINT
+
KNOWLEDGE OF FALSEHOOD
+
CORRUPT USE OR ATTEMPTED USE
+
AS TRUE
= SECTION 237
Section 236 vs Section 237
Section 236
MAKE FALSE DECLARATION
The focus is on creating or making the false declaration.
Section 237
USE FALSE DECLARATION AS TRUE
The focus is on relying on or attempting to rely on that declaration.
Ultra-Short Memory
236 = MAKE
237 = USE
Punishment Notes
Section 237 does not specify an independent fixed punishment in the supplied text.
Instead:
PUNISHMENT = SAME AS GIVING FALSE EVIDENCE
This is an important examination point.
Classification Notes
According to the supplied material:
NON-COGNIZABLE
BAILABLE
COURT WHICH TRIES FALSE EVIDENCE OFFENCE
IPC Equivalent and BNS Position
According to the supplied comments:
Section 237 BNS = Section 200 IPC
The language remains unchanged and the provision has been retained as it is.
Quick Revision Notes
Section
237 BNS
Title
Using as true such declaration knowing it to be false
IPC Equivalent
Section 200 IPC
Related Provision
Section 236
Act
Use or attempt to use declaration as true.
Falsehood
Must be false in a material point.
Mens Rea
Knowledge of material falsity.
Additional Requirement
Use must be corrupt.
Attempt
Expressly punishable.
Informal Declaration
Still covered if inadmissible merely due to informality.
Punishment
Same as if the offender gave false evidence.
Classification
Non-Cognizable + Bailable + Court by which giving false evidence is triable
BNS Change
No substantive change stated.
Exam Traps
Trap 1 — Confusing making with using
Remember:
236 = MAKE
237 = USE
Trap 2 — Thinking every false statement in a declaration is enough
Incorrect.
The falsehood must concern a:
MATERIAL POINT
Trap 3 — Forgetting knowledge
The accused must know the declaration is materially false.
Trap 4 — Treating innocent use as sufficient
Incorrect.
The use must be:
CORRUPT
Trap 5 — Requiring successful use
Incorrect.
ATTEMPT TO USE
is expressly punishable.
Trap 6 — Thinking the accused must have made the declaration
Not necessarily.
Section 237 focuses on the person who uses or attempts to use it.
Trap 7 — Thinking inadmissibility always takes the declaration outside the section
Incorrect.
If inadmissibility is merely due to informality, the Explanation preserves its status for Sections 236 and 237.
Trap 8 — Inventing a separate punishment
Do not do this.
Section 237 says:
SAME PUNISHMENT AS FALSE EVIDENCE
Trap 9 — Requiring actual loss
Not expressly required.
Trap 10 — Requiring actual reliance by Court or authority
Not necessary because attempted use is expressly covered.
Rapid Revision Chain: Sections 237–248
237 = USE FALSE DECLARATION
238 = SCREEN OFFENDER
239 = OMIT INFORMATION
240 = GIVE FALSE INFORMATION
241 = DESTROY EVIDENCE
242 = FALSE PERSONATION
243 = HIDE PROPERTY
244 = FALSE PROPERTY CLAIM
245 = SUFFER FALSE DECREE
246 = FALSE COURT CLAIM
247 = OBTAIN FALSE DECREE
248 = FALSE CRIMINAL CHARGE
Best Memory Sequence
237 = USE
238 = SCREEN
239 = SILENCE
240 = LIE
241 = DESTROY
242 = PERSONATE
243 = REMOVE
244 = CLAIM PROPERTY
245 = SUFFER
246 = CLAIM IN COURT
247 = OBTAIN
248 = ACCUSE
Ultimate Memory Formula
SECTION 237
DECLARATION UNDER SECTION 236
+
FALSE IN MATERIAL POINT
+
KNOWLEDGE OF FALSEHOOD
+
CORRUPTLY USE OR ATTEMPT TO USE
+
AS TRUE
= SECTION 237
Key Takeaway
Section 237 BNS punishes the corrupt use or attempted use of a materially false declaration as true, where the person knows of its falsity.
Its essential structure is:
DECLARATION
+ MATERIAL FALSEHOOD
+ KNOWLEDGE
+ CORRUPT USE OR ATTEMPTED USE AS TRUE
The section is closely linked to Section 236:
236 = MAKE FALSE DECLARATION
237 = USE FALSE DECLARATION
The Explanation makes clear that a declaration does not fall outside the provisions merely because it is inadmissible due to some informality.
The punishment is:
THE SAME AS IF THE PERSON GAVE FALSE EVIDENCE
The offence is:
Non-Cognizable + Bailable + Triable by the Court competent to try false evidence
According to the supplied comments:
Section 237 BNS = Section 200 IPC
and the provision has been retained without substantive change.
Final Memory Line
“237 = CORRUPTLY USE OR TRY TO USE A MATERIALLY FALSE DECLARATION AS TRUE, KNOWING IT IS FALSE.”
- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 238: Causing Disappearance of Evidence of Offence, or Giving False Information to Screen Offender
Introduction
Section 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes conduct aimed at helping an offender escape legal punishment after an offence has been committed.
The section covers two principal forms of conduct:
- Causing evidence of the offence to disappear; or
- Giving false information respecting the offence,
provided either act is done with the intention of screening the offender from legal punishment.
The central idea is:
OFFENCE COMMITTED + KNOWLEDGE/REASON TO BELIEVE + DISAPPEARANCE OF EVIDENCE OR FALSE INFORMATION + INTENT TO SCREEN = SECTION 238
Q1. What does Section 238 punish?
Answer:
Section 238 punishes a person who, knowing or having reason to believe that an offence has been committed:
- Causes evidence of that offence to disappear, with intent to screen the offender from legal punishment; or
- With the same intention, gives information respecting the offence which he knows or believes to be false.
Q2. What is the object of Section 238?
Answer:
The section protects the administration of criminal justice from deliberate interference after an offence has occurred.
It seeks to prevent persons from:
- Concealing traces of the offence;
- Destroying or removing evidence;
- Disposing of incriminating material;
- Giving false information;
- Helping the offender avoid punishment.
Core Principle
NO ONE MAY DELIBERATELY ERASE EVIDENCE OR LIE ABOUT AN OFFENCE IN ORDER TO SCREEN THE OFFENDER
Q3. Which IPC provision corresponds to Section 238 BNS?
Answer:
According to the supplied comments:
Section 238 BNS = Section 201 IPC
Q4. Has the substance of Section 238 changed under the BNS?
Answer:
According to the supplied comments:
- The language remains unchanged;
- The provision has been rearranged with clauses/sub-sections.
The supplied comments do not identify a substantive change in the ingredients.
Q5. What are the two principal branches of Section 238?
Answer:
The two branches are:
1. CAUSING DISAPPEARANCE OF EVIDENCE
and
2. GIVING FALSE INFORMATION
Both must be accompanied by:
INTENTION TO SCREEN THE OFFENDER FROM LEGAL PUNISHMENT
Q6. What are the essential ingredients of Section 238?
Answer:
The principal ingredients are:
- An offence has actually been committed;
- The accused knows or has reason to believe that the offence has been committed;
- The accused either:
- Causes evidence of the offence to disappear; or
- Gives false information respecting the offence;
- In the false-information branch, the accused knows or believes the information is false;
- The accused acts with intention to screen the offender from legal punishment.
Formula
ACTUAL OFFENCE + KNOWLEDGE + DISAPPEAR EVIDENCE / FALSE INFORMATION + INTENT TO SCREEN = 238
Q7. Must an offence actually have been committed?
Answer:
Yes.
According to the supplied comments, this is essential.
There must be:
AN ACTUAL OFFENCE
This is also supported by the supplied discussion of Palvinder Kaur v. State of Punjab.
Q8. Why is actual commission important?
Answer:
Because the section begins with the person:
“knowing or having reason to believe that an offence has been committed”
Therefore, the offence under Section 238 is built upon the existence of an underlying offence.
Q9. What is the first mental element?
Answer:
The accused must:
KNOW
or
HAVE REASON TO BELIEVE
that an offence has been committed.
Q10. Is direct knowledge essential?
Answer:
No.
The section also covers a person who has:
REASON TO BELIEVE
that an offence has occurred.
Q11. Is mere suspicion sufficient?
Answer:
No.
According to the supplied comments:
MERE SUSPICION IS NOT ENOUGH
The prosecution must establish the required knowledge or reason to believe.
Q12. What is the second and most important mental element?
Answer:
The accused must act with:
INTENTION TO SCREEN THE OFFENDER FROM LEGAL PUNISHMENT
This is a defining ingredient.
Q13. What does “screen the offender” mean?
Answer:
For study purposes, it means helping the offender avoid detection, prosecution, conviction, or legal punishment.
The section is concerned with conduct deliberately designed to protect the offender from the consequences of the offence.
Q14. Must the accused intend to benefit himself?
Answer:
No.
The relevant intention is to screen the offender.
The section does not require financial or personal gain.
Q15. Can the “offender” be the accused himself?
Answer:
According to the supplied comments, yes.
The provision is broad enough to apply where the person causing disappearance of evidence is himself the offender in the underlying crime.
Memory
SCREEN SELF OR SCREEN ANOTHER
Q16. Why is this important?
Answer:
Because Section 238 is not limited to third-party assistance.
A person who commits an offence and then intentionally causes evidence of that offence to disappear may also fall within the section, according to the supplied commentary.
Q17. What is meant by causing evidence to disappear?
Answer:
It means deliberately removing, destroying, concealing, disposing of, or otherwise eliminating evidence of the offence so that it is no longer available in the ordinary course.
Q18. Must the evidence be completely destroyed?
Answer:
Not necessarily.
The phrase is:
“CAUSES ANY EVIDENCE … TO DISAPPEAR”
The focus is on making the evidence unavailable or removing it from detection.
Q19. Give a simple example of disappearance of evidence.
Answer:
A knows that B has committed murder.
A helps B hide the dead body so that the offence cannot be discovered and B can escape punishment.
That is the type of conduct directly illustrated by the section.
Q20. What does the statutory Illustration show?
Answer:
The Illustration states that:
- A knows B murdered Z;
- A assists B in hiding Z’s body;
- A intends to screen B from punishment.
A is liable under Section 238.
This illustrates:
KNOWLEDGE + CONCEALMENT OF EVIDENCE + INTENT TO SCREEN
Q21. Is disposal of a dead body a classic example?
Answer:
Yes.
The supplied Illustration and the supplied case of Palvinder Kaur both show that concealment or disposal of a dead body can amount to causing evidence of an offence to disappear, provided the remaining ingredients are proved.
Q22. Is accidental destruction of evidence sufficient?
Answer:
No.
According to the supplied comments, the act must be deliberate and purposeful.
Memory
ACCIDENT ≠ SECTION 238
Q23. Is negligence sufficient?
Answer:
No.
The section requires intentional conduct directed toward screening the offender.
Q24. What is the second branch of the offence?
Answer:
The second branch concerns:
GIVING FALSE INFORMATION RESPECTING THE OFFENCE
with the intention of screening the offender.
Q25. Is false information alone sufficient?
Answer:
No.
The person must also:
- Know or believe the information is false; and
- Give it with intent to screen the offender from legal punishment.
Q26. What is the mental element regarding false information?
Answer:
The accused must:
KNOW OR BELIEVE THAT THE INFORMATION IS FALSE
Q27. Must the false information actually mislead authorities?
Answer:
No actual success is expressly required.
The focus is on knowingly false information given with the intention to screen the offender.
Q28. Must the offender actually escape punishment?
Answer:
No.
The section focuses on the intention to screen, not on whether the attempt succeeds.
Q29. Is an honest but mistaken statement punishable?
Answer:
No.
For the false-information branch, the accused must know or believe that the information is false.
An honest mistake is different.
Q30. Is intention to screen required for both branches?
Answer:
Yes.
Both:
- Disappearance of evidence; and
- False information
must be connected with:
INTENTION TO SCREEN THE OFFENDER
Q31. Is mere destruction of evidence enough without intent to screen?
Answer:
Not under the specific structure of Section 238.
The disappearance must be caused with the intention of screening the offender from legal punishment.
Q32. What if evidence is destroyed for an unrelated purpose?
Answer:
Section 238 would not automatically apply unless the required intention to screen the offender is proved.
Q33. Does Section 238 require a legal duty to inform?
Answer:
No.
That requirement belongs to Section 239.
Section 238 instead requires:
FALSE INFORMATION + INTENT TO SCREEN
Q34. How does Section 238 differ from Section 239?
Answer:
Section 238
The accused actively:
- Causes evidence to disappear; or
- Gives false information;
with intent to screen the offender.
Section 239
The accused is legally bound to give information but intentionally omits to do so.
Memory
238 = ACTIVE SCREENING
239 = INTENTIONAL SILENCE DESPITE LEGAL DUTY
Q35. How does Section 238 differ from Section 240?
Answer:
Section 238
False information must be given:
WITH INTENT TO SCREEN THE OFFENDER
Section 240
The person gives information respecting an offence knowing or believing it to be false.
Section 240 does not expressly require intention to screen.
Memory
238 = FALSE INFORMATION + SCREENING INTENT
240 = FALSE INFORMATION ABOUT OFFENCE
Q36. Is disappearance of evidence required under the false-information branch?
Answer:
No.
The two branches are alternatives.
The accused may commit the offence by:
- Causing evidence to disappear; or
- Giving false information with the required intention.
Q37. Is giving false information required under the disappearance branch?
Answer:
No.
Again, the two branches are alternative routes.
Q38. What is the role of the underlying offence in determining punishment?
Answer:
The punishment under Section 238 depends on the seriousness of the underlying offence.
The more serious the underlying offence, the more severe the punishment for screening it.
Q39. What is the punishment under Section 238(a)?
Answer:
If the underlying offence is punishable with:
DEATH
the accused may be punished with:
- Imprisonment of either description up to 7 years; and
- Shall also be liable to fine.
Memory
DEATH OFFENCE → 7 YEARS + FINE
Q40. What is the punishment under Section 238(b)?
Answer:
If the underlying offence is punishable with:
- Imprisonment for life; or
- Imprisonment which may extend to 10 years,
the accused may be punished with:
- Imprisonment of either description up to 3 years; and
- Shall also be liable to fine.
Memory
LIFE / 10 YEARS → 3 YEARS + FINE
Q41. What is the punishment under Section 238(c)?
Answer:
If the underlying offence is punishable with imprisonment for a term not extending to 10 years, the accused may be punished with:
- Imprisonment of the same description provided for the underlying offence;
- For a term up to one-fourth of the longest term provided for that offence; or
- Fine; or
- Both.
Memory
BELOW 10 → ¼ OF MAXIMUM TERM
Q42. What is the punishment ladder?
Answer:
DEATH → 7 YEARS
LIFE / 10 YEARS → 3 YEARS
LESSER OFFENCE → ¼ OF LONGEST TERM
Q43. What does “same description” mean in clause (c)?
Answer:
It means the imprisonment must be of the description prescribed for the underlying offence.
So the nature of imprisonment under clause (c) follows the underlying offence.
Q44. Give a simple clause (c) example.
Answer:
If the underlying offence carries a maximum imprisonment of 8 years, the maximum imprisonment under Section 238(c) may extend to:
¼ × 8 years = 2 years
subject to the statutory wording regarding description of imprisonment.
Q45. What if the underlying offence carries a maximum of 4 years?
Answer:
The maximum under clause (c) may extend to:
¼ × 4 years = 1 year
Q46. What if the underlying offence carries a maximum of 6 years?
Answer:
The maximum under clause (c) may extend to:
¼ × 6 years = 1½ years
Q47. What is the classification of Section 238(a)?
Answer:
According to the supplied classification:
- Cognizable or Non-Cognizable according as the underlying offence is cognizable or non-cognizable;
- Bailable;
- Triable by the Court of Session.
Memory
238(a) = FOLLOWS UNDERLYING COGNIZABILITY + BAILABLE + SESSION
Q48. What is the classification of Section 238(b)?
Answer:
According to the supplied material:
- Non-Cognizable
- Bailable
- Magistrate of the First Class
Q49. What is the classification of Section 238(c)?
Answer:
According to the supplied material:
- Non-Cognizable
- Bailable
- Triable by the Court by which the underlying offence is triable
Q50. Is Section 238 always non-cognizable?
Answer:
No.
Clause 238(a) follows the cognizable or non-cognizable character of the underlying offence.
Clauses (b) and (c), according to the supplied classification, are non-cognizable.
Q51. Is Section 238 bailable?
Answer:
According to the supplied classification, yes.
All three categories are stated to be:
BAILABLE
Q52. Which Court tries Section 238(a)?
Answer:
COURT OF SESSION
Q53. Which Court tries Section 238(b)?
Answer:
MAGISTRATE OF THE FIRST CLASS
Q54. Which Court tries Section 238(c)?
Answer:
The:
COURT BY WHICH THE UNDERLYING OFFENCE IS TRIABLE
Q55. Does Section 238 have an Explanation relating to foreign acts?
Answer:
Yes.
The Explanation supplied under Section 240 expressly applies to:
SECTIONS 238, 239 AND 240
It expands the term “offence” to include certain specified acts committed outside India which, if committed in India, would be punishable under the listed BNS provisions.
Q56. Does every offence committed outside India fall within that Explanation?
Answer:
No.
Only the acts corresponding to the specifically listed BNS provisions are included.
Q57. What are the listed BNS provisions in the shared Explanation?
Answer:
The supplied Explanation lists:
- Section 103;
- Section 105;
- Section 307;
- Section 309(2), (3), and (4);
- Section 310(2), (3), (4), and (5);
- Section 311;
- Section 312;
- Section 326(f) and (g);
- Section 331(4), (6), (7), and (8);
- Section 332(a) and (b).
Q58. What did the supplied comments say about Section 238 being “independent in nature”?
Answer:
The supplied comments state that Section 238 is independent in nature and that a person may be punished under it even if conviction for the principal offence does not take place.
This should be understood carefully.
The prosecution still has to establish the statutory ingredients of Section 238, including that an underlying offence was in fact committed.
Important Distinction
CONVICTION OF MAIN OFFENDER NOT ESSENTIAL
but
COMMISSION OF AN UNDERLYING OFFENCE MUST STILL BE PROVED
Q59. Why is that distinction important?
Answer:
Because failure to convict the principal offender does not necessarily mean that no offence occurred.
For Section 238, what matters is proof that:
- An offence was committed;
- The accused knew or had reason to believe this;
- The accused caused evidence to disappear or gave false information;
- The accused intended to screen the offender.
Q60. What is the significance of Palvinder Kaur v. State of Punjab?
Answer:
According to the supplied comments, Palvinder Kaur v. State of Punjab, AIR 1952 concerned a charge under the corresponding Section 201 IPC.
The prosecution alleged that:
- The deceased had been poisoned;
- The body was concealed in a trunk;
- The body was later disposed of in a well.
The case illustrates that the prosecution must prove the underlying offence itself.
Q61. Why did the charge fail in Palvinder Kaur according to the supplied comments?
Answer:
According to the supplied comments, the medical evidence did not establish that the deceased died from poisoning.
Therefore, the prosecution failed to prove conclusively that the underlying offence alleged had been committed.
As a result, the charge under the corresponding Section 201 IPC could not be sustained.
Q62. What four requirements were emphasised in Palvinder Kaur?
Answer:
According to the supplied comments, the prosecution had to show:
- An offence was committed;
- The accused knew or had reason to believe that it was committed;
- The accused intended to screen the offender, whether himself or another;
- The accused disposed of or concealed the dead body with that intention.
Memory
OFFENCE – KNOWLEDGE – SCREENING INTENT – CONCEALMENT
Q63. Can a person be convicted under Section 238 merely because his conduct appears suspicious?
Answer:
No.
According to the supplied comments:
MERE SUSPICION IS INSUFFICIENT
The prosecution must prove the statutory ingredients.
Q64. Must the identity of the principal offender always be finally established by conviction?
Answer:
Not necessarily, according to the supplied comments.
The key issue is proof that an offence was committed and that the accused acted with the requisite knowledge and screening intention.
Q65. What is the easiest problem-question test for Section 238?
Answer:
Ask:
- Was an offence actually committed?
- Did the accused know or have reason to believe that it was committed?
- Did the accused:
- Cause evidence to disappear; or
- Give false information?
- If false information was given, did the accused know or believe it was false?
- Was the purpose to screen the offender from legal punishment?
- What punishment applies based on the seriousness of the underlying offence?
Q66. What is the shortest memory formula?
Answer:
“KNOW A CRIME HAPPENED + HIDE EVIDENCE OR LIE + INTEND TO SAVE OFFENDER = 238.”
Key Provisions (Study Notes)
1. Actual Offence Required
There must be:
AN OFFENCE ACTUALLY COMMITTED
Mere suspicion is insufficient.
2. Knowledge Requirement
The accused must:
KNOW OR HAVE REASON TO BELIEVE
that the offence has been committed.
3. Two Alternative Acts
First
CAUSE EVIDENCE TO DISAPPEAR
Second
GIVE FALSE INFORMATION
4. False Information Branch
The accused must:
KNOW OR BELIEVE THE INFORMATION IS FALSE
5. Special Intention
Both branches require:
INTENTION TO SCREEN THE OFFENDER FROM LEGAL PUNISHMENT
6. Offender May Be Self or Another
According to the supplied comments:
SELF OR ANOTHER PERSON
may be the person being screened.
Punishment Ladder
Underlying offence punishable with death
UP TO 7 YEARS + FINE
Underlying offence punishable with life imprisonment or up to 10 years
UP TO 3 YEARS + FINE
Underlying offence punishable with imprisonment not extending to 10 years
UP TO ¼ OF LONGEST TERM / FINE / BOTH
Memory
7 – 3 – ¼
Classification Notes
Section 238(a)
- Cognizability follows underlying offence;
- Bailable;
- Court of Session.
Section 238(b)
- Non-Cognizable;
- Bailable;
- Magistrate First Class.
Section 238(c)
- Non-Cognizable;
- Bailable;
- Court by which underlying offence is triable.
IPC Equivalent and BNS Position
According to the supplied comments:
Section 238 BNS = Section 201 IPC
The language remains unchanged, while the provision has been rearranged into clauses/sub-sections.
Quick Revision Notes
Section
238 BNS
Title
Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Equivalent
Section 201 IPC
Foundation
An offence must actually have been committed.
Knowledge
Know or have reason to believe the offence was committed.
Act 1
Cause evidence to disappear.
Act 2
Give false information.
False Information Mens Rea
Know or believe it is false.
Special Intent
Screen offender from legal punishment.
Can offender screened be self?
According to supplied comments, yes.
Punishment
Death → 7 years + fine
Life / 10 years → 3 years + fine
Lesser offence → up to ¼ longest term / fine / both
Classification
Varies by clause as supplied.
Section 238 vs Section 239 vs Section 240
Section 238
HIDE EVIDENCE OR GIVE FALSE INFORMATION TO SCREEN
Special intent:
SCREEN OFFENDER
Section 239
INTENTIONALLY OMIT INFORMATION DESPITE LEGAL DUTY
Special requirement:
LEGAL DUTY TO INFORM
Section 240
GIVE FALSE INFORMATION ABOUT AN OFFENCE
Special requirement:
KNOW OR BELIEVE INFORMATION FALSE
No express screening intention required.
Ultra-Short Three-Section Memory
238 = SCREEN
239 = SILENCE
240 = LIE
Expanded:
238 = HIDE OR LIE TO SAVE OFFENDER
239 = SHOULD REPORT BUT DELIBERATELY DOESN’T
240 = VOLUNTARILY GIVES FALSE INFORMATION
Exam Traps
Trap 1 — Thinking disappearance of evidence alone is enough
Incorrect.
There must also be:
INTENT TO SCREEN THE OFFENDER
Trap 2 — Thinking false information alone is enough
Incorrect for Section 238.
The false information must be given:
WITH INTENT TO SCREEN
Trap 3 — Forgetting that an offence must actually have occurred
According to the supplied comments and Palvinder Kaur:
ACTUAL OFFENCE MUST BE PROVED
Trap 4 — Treating mere suspicion as sufficient
Incorrect.
MERE SUSPICION ≠ KNOWLEDGE OR REASON TO BELIEVE
Trap 5 — Thinking only another person’s offence can be screened
According to the supplied comments, the offender being screened may be:
THE ACCUSED HIMSELF OR ANOTHER
Trap 6 — Requiring conviction of the principal offender
Not necessarily.
The important point is proof that the underlying offence was committed.
Trap 7 — Confusing “no conviction” with “no offence”
These are different.
NO MAIN CONVICTION ≠ NO UNDERLYING OFFENCE
Trap 8 — Treating accidental loss of evidence as Section 238
Incorrect.
The act must be deliberate and carried out with screening intent.
Trap 9 — Forgetting the punishment depends on the underlying offence
Remember:
7 – 3 – ¼
Trap 10 — Confusing Section 238 with Section 239
238 = ACTIVE SCREENING
239 = INTENTIONAL OMISSION WHERE LEGALLY BOUND TO INFORM
Trap 11 — Confusing Section 238 with Section 240
238 = FALSE INFORMATION + SCREENING INTENT
240 = FALSE INFORMATION, KNOWING/BELIEVING IT FALSE
Trap 12 — Forgetting the common foreign-offence Explanation
The Explanation supplied under Section 240 applies to:
238 + 239 + 240
Rapid Revision Chain: Sections 238–248
238 = SCREEN OFFENDER
239 = OMIT INFORMATION
240 = GIVE FALSE INFORMATION
241 = DESTROY EVIDENCE
242 = FALSE PERSONATION
243 = HIDE PROPERTY
244 = FALSE PROPERTY CLAIM
245 = SUFFER FALSE DECREE
246 = FALSE COURT CLAIM
247 = OBTAIN FALSE DECREE
248 = FALSE CRIMINAL CHARGE
Best Memory Sequence
238 = SCREEN
239 = SILENCE
240 = LIE
241 = DESTROY
242 = PERSONATE
243 = REMOVE
244 = CLAIM PROPERTY
245 = SUFFER
246 = CLAIM IN COURT
247 = OBTAIN
248 = ACCUSE
Ultimate Memory Formula
SECTION 238
AN OFFENCE HAS BEEN COMMITTED
+
KNOWLEDGE / REASON TO BELIEVE
+
CAUSE EVIDENCE TO DISAPPEAR
OR
GIVE FALSE INFORMATION KNOWING/BELIEVING IT FALSE
+
INTENT TO SCREEN OFFENDER FROM LEGAL PUNISHMENT
= SECTION 238
Key Takeaway
Section 238 BNS punishes deliberate post-offence conduct designed to protect an offender from legal punishment.
The two methods are:
CAUSE EVIDENCE TO DISAPPEAR
or
GIVE FALSE INFORMATION
The indispensable mental element is:
INTENTION TO SCREEN THE OFFENDER
The accused must also know or have reason to believe that the underlying offence was committed.
According to the supplied comments and Palvinder Kaur v. State of Punjab, mere suspicion is insufficient, and the prosecution must establish that an offence was actually committed. At the same time, conviction of the principal offender is not necessarily a prerequisite if the commission of the underlying offence and the other ingredients of Section 238 are proved.
The punishment depends on the seriousness of the underlying offence:
DEATH → 7 YEARS
LIFE / 10 YEARS → 3 YEARS
LESSER OFFENCE → ¼ OF LONGEST TERM
According to the supplied comments:
Section 238 BNS = Section 201 IPC
and the provision has been rearranged without a stated substantive change.
Final Memory Line
“238 = ACTUAL OFFENCE + KNOWLEDGE + HIDE EVIDENCE OR LIE + INTENT TO SCREEN THE OFFENDER.”
- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 239: Intentional Omission to Give Information of Offence by Person Bound to Inform
Introduction
Section 239 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who is legally bound to give information about an offence, knows or has reason to believe that the offence has been committed, and intentionally fails to give that information.
The section is therefore not aimed at every person who remains silent about an offence. Liability depends upon the existence of a legal duty to inform.
The central idea is:
ACTUAL OFFENCE + KNOWLEDGE/REASON TO BELIEVE + LEGAL DUTY TO INFORM + INTENTIONAL OMISSION = SECTION 239
⸻
Q1. What does Section 239 punish?
Answer:
Section 239 punishes a person who:
- Knows or has reason to believe that an offence has been committed;
- Is legally bound to give information respecting that offence; and
- Intentionally omits to give that information.
⸻
Q2. What is the object of Section 239?
Answer:
The object is to ensure that persons who are under a legal obligation to report information about an offence do not deliberately withhold it.
The section protects the administration of criminal justice by penalising intentional silence where the law imposes a duty to speak.
Core Principle
WHERE LAW REQUIRES INFORMATION TO BE GIVEN, DELIBERATE SILENCE MAY BE PUNISHABLE
⸻
Q3. Which IPC provision corresponds to Section 239 BNS?
Answer:
According to the supplied comments:
Section 239 BNS = Section 202 IPC
⸻
Q4. Has Section 239 changed under BNS?
Answer:
According to the supplied comments:
- The substantive language remains unchanged;
- A maximum fine of ₹5,000 has now been fixed;
- Earlier, according to the supplied comments, there was no upper limit on the fine.
Memory
BNS CHANGE = FINE CEILING ₹5,000
⸻
Q5. Who can commit the offence?
Answer:
The section begins with:
“Whoever”
but liability is not truly universal.
The person must also be:
LEGALLY BOUND TO GIVE THE INFORMATION
This is the special limiting requirement.
⸻
Q6. What are the essential ingredients of Section 239?
Answer:
The essential ingredients are:
- An offence has actually been committed;
- The accused knows or has reason to believe that it has been committed;
- The accused is legally bound to give information respecting that offence;
- The accused intentionally omits to give the information.
Formula
OFFENCE COMMITTED + KNOWLEDGE/REASON TO BELIEVE + LEGAL DUTY + INTENTIONAL OMISSION = 239
⸻
Q7. Must an offence actually have been committed?
Answer:
Yes.
According to the supplied comments, the prosecution must establish the corpus delicti, meaning the fact that the offence was actually committed.
Thus:
NO ACTUAL OFFENCE = NO SECTION 239 ON THIS BASIS
⸻
Q8. Why is the actual commission of an offence important?
Answer:
Because the section applies where the accused knows or has reason to believe:
“that an offence has been committed”
The offence is therefore built around failure to report an existing offence.
⸻
Q9. What is meant by “corpus delicti” in the supplied comments?
Answer:
In this context, it refers to proof that the underlying crime was in fact committed.
It is not enough merely to suspect that some offence might possibly have occurred.
⸻
Q10. What is the first mental element?
Answer:
The accused must:
KNOW
or
HAVE REASON TO BELIEVE
that an offence has been committed.
⸻
Q11. Is direct personal knowledge always required?
Answer:
No.
The section also applies where the person has:
REASON TO BELIEVE
that the offence has been committed.
Thus, direct eyewitness knowledge is not essential.
⸻
Q12. What does “reason to believe” add?
Answer:
It extends the section beyond direct knowledge.
A person may have surrounding facts and circumstances giving him reason to believe that an offence has occurred.
⸻
Q13. What is the most important limiting ingredient in Section 239?
Answer:
The accused must be:
LEGALLY BOUND TO GIVE INFORMATION
This is the decisive distinction between Section 239 and Section 240.
⸻
Q14. Is every person who knows about an offence bound to report it under Section 239?
Answer:
No.
Mere knowledge of an offence is not enough.
The person must have a legal obligation to give the information.
Memory
KNOWLEDGE ALONE ≠ SECTION 239
⸻
Q15. What does “legally bound” mean?
Answer:
According to the supplied comments, the duty may arise under:
- Law;
- Statute; or
- A legally recognised professional duty.
The essential point is that the obligation must be legal, not merely moral.
⸻
Q16. Is a moral duty to report enough?
Answer:
No.
Section 239 requires a:
LEGAL DUTY
A moral expectation by itself is insufficient.
⸻
Q17. Is a social duty to report enough?
Answer:
No.
The obligation must be legally enforceable.
⸻
Q18. Can professional duty matter?
Answer:
According to the supplied comments, yes, where that professional duty amounts to a legal obligation to provide the information.
The precise source of the legal duty must be established.
⸻
Q19. Must the legal duty exist at the time of omission?
Answer:
Yes.
The accused must be legally bound to give the relevant information when he intentionally fails to do so.
⸻
Q20. What is the prohibited act under Section 239?
Answer:
The prohibited conduct is:
INTENTIONAL OMISSION
to give information.
This is an omission-based offence.
⸻
Q21. Why is “intentionally” important?
Answer:
Because accidental failure is not enough.
The person must deliberately omit to give the information despite being legally bound to do so.
⸻
Q22. Is negligence sufficient?
Answer:
No.
The section specifically requires:
INTENTIONAL OMISSION
Mere forgetfulness, carelessness, or administrative lapse does not automatically satisfy the provision.
⸻
Q23. Is accidental delay sufficient?
Answer:
Not by itself.
The prosecution must establish deliberate omission, not merely delay caused by mistake or circumstances.
⸻
Q24. What if a person genuinely forgets to report the offence?
Answer:
Forgetfulness alone would not ordinarily satisfy the requirement of intentional omission.
⸻
Q25. Must the person intend to protect the offender?
Answer:
No.
Section 239 does not expressly require an intention to screen or protect the offender.
The required mental element is:
INTENTIONAL FAILURE TO GIVE INFORMATION WHICH THE PERSON IS LEGALLY BOUND TO GIVE
⸻
Q26. Is dishonest intention required?
Answer:
No.
The section does not expressly use:
“dishonestly”
⸻
Q27. Is fraudulent intention required?
Answer:
No.
The section does not expressly use:
“fraudulently”
⸻
Q28. Is malicious intention required?
Answer:
No.
Malice is not expressly stated as an ingredient.
⸻
Q29. Is financial gain required?
Answer:
No.
A person need not receive money or benefit from the omission.
⸻
Q30. Is actual harm required?
Answer:
No.
The section does not expressly require proof that the omission caused actual injury or loss.
⸻
Q31. Must the offender escape punishment because of the omission?
Answer:
No.
Actual success in helping the offender is not expressly required.
The offence focuses on the deliberate breach of the legal duty to inform.
⸻
Q32. Must the investigation actually be obstructed?
Answer:
No.
Actual obstruction is not expressly an ingredient.
⸻
Q33. What information must be omitted?
Answer:
The information must be:
INFORMATION RESPECTING THE OFFENCE
Thus, the omitted information must concern the offence that has been committed.
⸻
Q34. Is failure to report unrelated information covered?
Answer:
No.
The legal duty and the omitted information must relate to the offence concerned.
⸻
Q35. To whom must the information ordinarily be given?
Answer:
The supplied comments refer to informing the concerned authority or public servant.
The important point is that the accused must be under a legal duty to provide the information to the proper authority.
⸻
Q36. Is merely remaining silent enough in every situation?
Answer:
No.
Silence becomes punishable under Section 239 only where:
- The person knows or has reason to believe an offence was committed;
- He is legally bound to inform;
- He intentionally fails to do so.
⸻
Q37. Give a simple example.
Answer:
Suppose A is legally required to report a particular offence to the competent authority.
A knows that the offence has occurred but deliberately chooses not to report it.
Section 239 may apply.
⸻
Q38. Give an example where Section 239 would not apply.
Answer:
Suppose B hears about an offence but has no legal duty to report it.
B’s silence may raise moral concerns, but Section 239 does not apply merely because B failed to speak.
Core Distinction
NO LEGAL DUTY = NO SECTION 239
⸻
Q39. What if the accused honestly believes no offence occurred?
Answer:
Then the knowledge or reason-to-believe requirement may be absent.
Section 239 requires the accused to know or have reason to believe that an offence has been committed.
⸻
Q40. What if information about the offence is uncertain?
Answer:
The prosecution must still establish that the accused had the statutory level of awareness:
KNOWLEDGE OR REASON TO BELIEVE
Mere vague suspicion is not automatically the same thing.
⸻
Q41. What if the person reports some information but deliberately withholds a legally required part?
Answer:
The question would be whether he has intentionally omitted information that he was legally bound to give.
Partial disclosure does not necessarily prevent liability if the omitted information itself falls within the legal duty.
⸻
Q42. Is giving false information the same offence as Section 239?
Answer:
No.
That is the key distinction between Sections 239 and 240.
Section 239
The person:
DOES NOT GIVE INFORMATION
despite a legal duty.
Section 240
The person:
GIVES FALSE INFORMATION
about the offence.
⸻
Q43. What is the simplest distinction between Sections 239 and 240?
Answer:
239 = SILENCE WHERE LAW REQUIRES SPEECH
240 = SPEAKING FALSELY ABOUT THE OFFENCE
⸻
Q44. Does Section 240 require a legal duty to inform?
Answer:
According to the supplied comments on Section 240, no.
This is a crucial contrast.
Section 239
LEGAL DUTY REQUIRED
Section 240
LEGAL DUTY NOT REQUIRED
⸻
Q45. Does Section 239 require false information?
Answer:
No.
The wrong is omission.
The accused does not provide information he is legally required to give.
⸻
Q46. Does Section 240 require omission?
Answer:
No.
The wrong there is an affirmative act:
GIVING FALSE INFORMATION
⸻
Q47. What is the punishment under Section 239?
Answer:
The offender may be punished with:
- Imprisonment of either description up to 6 months; or
- Fine up to ₹5,000; or
- Both.
⸻
Q48. What does “imprisonment of either description” mean?
Answer:
It means:
- Simple imprisonment; or
- Rigorous imprisonment.
⸻
Q49. What is the maximum imprisonment?
Answer:
6 months
⸻
Q50. What is the maximum fine?
Answer:
₹5,000
⸻
Q51. What is the classification under Section 239?
Answer:
According to the supplied classification:
- Non-Cognizable
- Bailable
- Any Magistrate
Memory
NC + B + ANY MAGISTRATE
⸻
Q52. Is Section 239 cognizable?
Answer:
No.
It is:
NON-COGNIZABLE
⸻
Q53. Is Section 239 bailable?
Answer:
Yes.
It is:
BAILABLE
⸻
Q54. Which Court may try Section 239?
Answer:
According to the supplied classification:
ANY MAGISTRATE
⸻
Q55. What is the principal BNS punishment change?
Answer:
According to the supplied comments, a maximum fine of:
₹5,000
has been fixed.
Earlier, there was no specified upper ceiling on the fine.
⸻
Q56. Does Section 239 share the Explanation appearing in Section 240?
Answer:
Yes.
The Explanation supplied under Section 240 expressly states that in:
Sections 238, 239 and 240
the word “offence” includes certain specified acts committed outside India which, if committed in India, would be punishable under the listed BNS provisions.
⸻
Q57. Why is that Explanation important for Section 239?
Answer:
It means that the underlying “offence” for purposes of Section 239 may include certain specified acts committed outside India.
However, only the acts corresponding to the BNS sections expressly listed in the Explanation are covered.
⸻
Q58. Does every foreign offence automatically count?
Answer:
No.
The Explanation is limited to the specified BNS offences.
Memory
FOREIGN ACT + SPECIFICALLY LISTED BNS PROVISION
⸻
Q59. How does Section 239 differ from Section 241?
Answer:
Section 239
Intentional omission to provide offence information despite legal duty.
Memory
FAIL TO REPORT
Section 241
Intentional concealment or destruction of documentary/electronic evidence.
Memory
DESTROY EVIDENCE
Core Distinction
239 = WITHHOLD INFORMATION
241 = SUPPRESS EVIDENCE
⸻
Q60. What is the easiest problem-question test for Section 239?
Answer:
Ask:
- Was an offence actually committed?
- Did the accused know or have reason to believe it was committed?
- Was the accused legally bound to give information?
- Did the information concern that offence?
- Did the accused intentionally omit to provide it?
If yes, Section 239 becomes relevant.
⸻
Q61. What are the four essential words to remember?
Answer:
OFFENCE
KNOWLEDGE
DUTY
OMISSION
⸻
Q62. What is the shortest memory formula?
Answer:
“KNOW AN OFFENCE HAPPENED + LEGAL DUTY TO REPORT + DELIBERATELY STAY SILENT = 239.”
⸻
Key Provisions (Study Notes)
1. Actual Offence Required
According to the supplied comments, the offence must actually have been committed.
This is expressed through the idea of:
CORPUS DELICTI
⸻
2. Knowledge Requirement
The accused must:
KNOW OR HAVE REASON TO BELIEVE
that the offence has been committed.
⸻
3. Legal Duty
This is the defining ingredient:
LEGALLY BOUND TO GIVE INFORMATION
Without such legal obligation, Section 239 does not apply merely because the person remained silent.
⸻
4. Intentional Omission
The person must:
INTENTIONALLY OMIT
to provide the information.
Negligence or accidental failure is not enough.
⸻
5. Information Must Concern the Offence
The omitted information must be:
RESPECTING THAT OFFENCE
⸻
Essential Ingredients — Rapid Recall
ACTUAL OFFENCE
+
KNOW / REASON TO BELIEVE
+
LEGAL DUTY TO INFORM
+
INTENTIONAL OMISSION
= SECTION 239
⸻
Section 239 vs Section 240 — Most Important Comparison
Section 239 — Omission
The accused is legally bound to give information but intentionally does not.
Formula
DUTY + SILENCE
⸻
Section 240 — False Information
The accused gives information respecting an offence knowing or believing it to be false.
According to the supplied comments, a legal duty to give information is not necessary.
Formula
NO DUTY REQUIRED + FALSE SPEECH
⸻
Ultra-Short Distinction
239 = SHOULD SPEAK BUT DOESN’T
240 = SPEAKS, BUT LIES
This is one of the easiest ways to remember the two provisions.
⸻
Punishment Notes
Section 239 provides:
UP TO 6 MONTHS
or:
FINE UP TO ₹5,000
or:
BOTH
⸻
Classification Notes
According to the supplied material:
NON-COGNIZABLE
BAILABLE
ANY MAGISTRATE
⸻
IPC Equivalent and BNS Change
According to the supplied comments:
Section 239 BNS = Section 202 IPC
The substantive language remains unchanged.
The stated BNS change is:
MAXIMUM FINE FIXED AT ₹5,000
⸻
Quick Revision Notes
Section
239 BNS
Title
Intentional omission to give information of offence by person bound to inform
IPC Equivalent
Section 202 IPC
Underlying Requirement
An offence must have been committed.
Mental Element
Knowledge or reason to believe that the offence occurred.
Special Requirement
Accused must be legally bound to inform.
Act
Intentional omission to give information.
Mens Rea of Omission
Intentional, not merely negligent.
Punishment
Up to 6 months / fine up to ₹5,000 / both
Classification
Non-Cognizable + Bailable + Any Magistrate
BNS Change
Fine ceiling fixed at ₹5,000.
⸻
Exam Traps
Trap 1 — Thinking every witness to an offence must report it under Section 239
Incorrect.
The person must be:
LEGALLY BOUND TO INFORM
⸻
Trap 2 — Confusing moral duty with legal duty
Only legal obligation is relevant.
⸻
Trap 3 — Forgetting actual commission of the offence
According to the supplied comments:
CORPUS DELICTI MUST BE ESTABLISHED
⸻
Trap 4 — Forgetting the knowledge element
The accused must know or have reason to believe that the offence has been committed.
⸻
Trap 5 — Treating negligence as sufficient
Incorrect.
The omission must be:
INTENTIONAL
⸻
Trap 6 — Requiring intent to protect the offender
Not expressly required.
⸻
Trap 7 — Requiring actual obstruction of investigation
Not expressly required.
⸻
Trap 8 — Requiring actual escape of the offender
Not expressly required.
⸻
Trap 9 — Confusing Section 239 with Section 240
Remember:
239 = OMIT INFORMATION
240 = GIVE FALSE INFORMATION
⸻
Trap 10 — Forgetting that Section 239 requires legal duty but Section 240 does not
This is a major examination distinction.
239 = DUTY REQUIRED
240 = DUTY NOT REQUIRED
according to the supplied comments.
⸻
Trap 11 — Forgetting the common foreign-offence Explanation
The Explanation supplied under Section 240 applies to:
238 + 239 + 240
⸻
Trap 12 — Writing that all offences outside India are covered
Incorrect.
Only the specified acts corresponding to the enumerated BNS provisions fall within that Explanation.
⸻
Rapid Revision Chain: Sections 239–248
239 = OMIT INFORMATION
240 = GIVE FALSE INFORMATION
241 = DESTROY EVIDENCE
242 = FALSE PERSONATION
243 = HIDE PROPERTY
244 = FALSE PROPERTY CLAIM
245 = SUFFER FALSE DECREE
246 = FALSE COURT CLAIM
247 = OBTAIN FALSE DECREE
248 = FALSE CRIMINAL CHARGE
Expanded:
239 = LEGAL DUTY TO INFORM, BUT STAY SILENT
240 = KNOWINGLY GIVE FALSE INFORMATION ABOUT ACTUAL OFFENCE
241 = HIDE/DESTROY DOCUMENT OR ELECTRONIC EVIDENCE
242 = FALSE IDENTITY IN LEGAL PROCEEDING
243 = MOVE/HIDE PROPERTY TO BLOCK SEIZURE
244 = FALSELY CLAIM PROPERTY TO BLOCK SEIZURE
245 = ALLOW FALSE DECREE AGAINST SELF
246 = MAKE FALSE CLAIM IN COURT
247 = OBTAIN FALSE DECREE AGAINST ANOTHER
248 = MAKE FALSE CRIMINAL CHARGE
⸻
Best Memory Sequence
239 = SILENCE
240 = LIE
241 = DESTROY
242 = PERSONATE
243 = REMOVE
244 = CLAIM PROPERTY
245 = SUFFER DECREE
246 = FALSE CLAIM
247 = OBTAIN DECREE
248 = ACCUSE
⸻
Ultimate Memory Formula
SECTION 239
AN OFFENCE HAS BEEN COMMITTED
+
ACCUSED KNOWS / HAS REASON TO BELIEVE
+
ACCUSED IS LEGALLY BOUND TO INFORM
+
INTENTIONALLY OMITS TO GIVE INFORMATION
= SECTION 239
⸻
Key Takeaway
Section 239 BNS is an omission-based offence. It does not punish silence by everyone who knows about a crime. It punishes deliberate silence by a person who is legally bound to give the information.
The essential structure is:
ACTUAL OFFENCE
+ KNOWLEDGE / REASON TO BELIEVE
+ LEGAL DUTY TO INFORM
+ INTENTIONAL OMISSION
The punishment is:
Up to 6 months / fine up to ₹5,000 / both
The offence is:
Non-Cognizable + Bailable + Any Magistrate
According to the supplied comments:
Section 239 BNS = Section 202 IPC
and the stated BNS change is the fixing of the maximum fine at:
₹5,000
The most important comparison is:
239 = SHOULD SPEAK BUT DELIBERATELY DOESN’T
240 = SPEAKS BUT KNOWINGLY GIVES FALSE INFORMATION
Final Memory Line
“239 = ACTUAL OFFENCE + KNOWLEDGE + LEGAL DUTY TO INFORM + INTENTIONAL SILENCE.”
- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 240: Giving False Information Respecting an Offence Committed
Introduction
Section 240 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who, knowing or having reason to believe that an offence has been committed, gives information concerning that offence which he knows or believes to be false.
The section is aimed at preventing deliberate misinformation concerning an actual offence. It does not require that the person be under a legal duty to give the information. According to the supplied comments, even a person who voluntarily gives misleading information can fall within the provision.
The central idea is:
ACTUAL OFFENCE + KNOWLEDGE/REASON TO BELIEVE + FALSE INFORMATION ABOUT IT + KNOWLEDGE/BELIEF OF FALSEHOOD = SECTION 240
Q1. What does Section 240 punish?
Answer:
Section 240 punishes a person who:
- Knows or has reason to believe that an offence has been committed;
- Gives information respecting that offence; and
- Knows or believes that the information given is false.
Q2. What is the object of Section 240?
Answer:
The object is to protect the administration of criminal justice from deliberate misinformation.
False information about an offence may:
- Mislead investigators;
- Divert suspicion;
- Waste official resources;
- Protect the real offender;
- Implicate an innocent person;
- Distort the course of investigation.
Core Principle
A PERSON WHO KNOWINGLY GIVES FALSE INFORMATION ABOUT AN ACTUAL OFFENCE MAY BE PUNISHED
Q3. Which IPC provision corresponds to Section 240 BNS?
Answer:
According to the supplied comments:
Section 240 BNS = Section 203 IPC
Q4. Has the substance of the provision changed under BNS?
Answer:
According to the supplied comments:
- The language remains unchanged;
- The references to IPC sections in the Explanation have been replaced by the corresponding BNS sections.
Thus, the principal change identified is the statutory cross-reference update.
Q5. Who can commit the offence?
Answer:
The provision begins with:
“Whoever”
Therefore, it is a general offence.
No special official status is required.
Q6. Must the accused be legally bound to give information?
Answer:
According to the supplied comments, no.
A person may fall within Section 240 even though he is not under a legal duty to give information.
What matters is that he voluntarily gives information respecting an offence and knows or believes that the information is false.
Q7. What are the essential ingredients of Section 240?
Answer:
The essential ingredients are:
- An offence has actually been committed;
- The accused knows or has reason to believe that it has been committed;
- The accused gives information concerning that offence;
- The information is false;
- The accused knows or believes that it is false.
Formula
OFFENCE COMMITTED + KNOWLEDGE/REASON TO BELIEVE + INFORMATION + FALSEHOOD + KNOWLEDGE/BELIEF OF FALSEHOOD = 240
Q8. Must an offence actually have been committed?
Answer:
Yes.
According to the supplied comments, one of the essential ingredients is:
AN OFFENCE WAS COMMITTED
Section 240 is therefore concerned with false information respecting an actual offence.
Q9. Why is the existence of an actual offence important?
Answer:
Because the wording begins with the person:
“knowing or having reason to believe that an offence has been committed”
The section is therefore structured around misinformation concerning an offence that has in fact occurred.
Q10. What is the first mental element under Section 240?
Answer:
The accused must:
KNOW
or
HAVE REASON TO BELIEVE
that an offence has been committed.
Q11. Is actual personal knowledge of the offence always necessary?
Answer:
No.
The provision also covers a person who:
HAS REASON TO BELIEVE
that the offence has been committed.
Thus, direct knowledge is not the only route.
Q12. What does “reason to believe” add to the section?
Answer:
It broadens the provision beyond cases of direct knowledge.
A person may not personally witness the offence but may possess circumstances giving him reason to believe that it has occurred.
Q13. What is the second mental element?
Answer:
The accused must know or believe that the information he gives is false.
Memory
There are two separate knowledge stages:
KNOW/REASON TO BELIEVE OFFENCE OCCURRED
and
KNOW/BELIEVE INFORMATION IS FALSE
Q14. Why are these two mental elements important?
Answer:
Because Section 240 does not punish innocent error.
The accused must have the required awareness:
- About the occurrence of the offence; and
- About the falsity of the information he supplies.
Q15. What does “gives any information” mean?
Answer:
According to the supplied comments, the expression refers to voluntarily providing information or making an affirmative statement.
The section therefore requires a positive act of giving information.
Q16. Is mere silence the same as giving false information?
Answer:
Not merely under the wording supplied.
Section 240 refers to a person who:
“gives any information”
According to the supplied comments, this means voluntarily providing information or making an affirmative remark.
Mere silence is different from positively giving false information.
Q17. Is an affirmative false statement sufficient?
Answer:
Potentially, yes, if all other ingredients are present.
The person must knowingly or believingly give false information concerning an offence which he knows or has reason to believe has been committed.
Q18. Must the information directly concern the offence?
Answer:
Yes.
The wording requires information:
“respecting that offence”
There must therefore be a connection between the information given and the offence committed.
Q19. What kinds of false information may be covered?
Answer:
The provision is broad enough to cover false information about matters such as:
- Identity of the offender;
- Manner in which the offence occurred;
- Place of occurrence;
- Time of occurrence;
- Property involved;
- Presence or absence of persons;
- Events connected with the offence.
The key is that the information concerns the offence and is knowingly or believed to be false.
Q20. Give a simple example involving false identity of an offender.
Answer:
Suppose A knows that B committed an offence.
A tells authorities that C committed it, while knowing that this is false.
Section 240 may apply.
Q21. Give an example involving false location.
Answer:
Suppose A knows that an offence took place at location X but deliberately tells investigators that it occurred at location Y.
If A knows the information is false, Section 240 may apply.
Q22. Give an example involving false circumstances.
Answer:
Suppose A knows that property was stolen during an offence but falsely states that the property was voluntarily handed over.
If the information concerns the offence and A knows it is false, Section 240 may apply.
Q23. Must the false information succeed in misleading the authorities?
Answer:
No such requirement appears in the supplied text.
The offence focuses on the giving of false information with the required knowledge or belief.
Q24. Must an investigation actually be diverted?
Answer:
No.
Actual diversion of investigation is not expressly required.
The giving of knowingly false information respecting the offence is the central act.
Q25. Must an innocent person actually be arrested?
Answer:
No.
Section 240 does not expressly require arrest, prosecution, or harm to an innocent person.
Q26. Must the real offender escape punishment?
Answer:
No.
The section does not expressly require the real offender to escape.
The offence is complete upon the giving of false information with the necessary knowledge or belief, assuming the other ingredients are established.
Q27. Is an intention to screen the offender expressly required?
Answer:
No.
Section 240 does not expressly require an intention to screen the offender.
Its wording focuses on knowingly giving false information respecting an offence.
This distinguishes it from provisions that specifically require an intention to screen an offender from punishment.
Q28. Is dishonest intention expressly required?
Answer:
No.
The section does not use the word:
“dishonestly”
The relevant mental element is knowledge or belief regarding the falsity of the information.
Q29. Is fraudulent intention expressly required?
Answer:
No.
The section does not use the word:
“fraudulently”
Again, the key requirement is knowingly or believingly giving false information.
Q30. Is malicious intention expressly required?
Answer:
No.
The statutory text does not expressly require malice.
Q31. Is financial gain necessary?
Answer:
No.
Nothing in the supplied wording requires the accused to obtain money or property.
Q32. Is actual injury necessary?
Answer:
No.
Actual injury to another person is not expressly required.
Q33. What if a person gives incorrect information honestly believing it to be true?
Answer:
Section 240 would not be attracted merely because the information turns out to be wrong.
The person must:
KNOW OR BELIEVE THE INFORMATION TO BE FALSE
An honest mistake is therefore materially different.
Q34. What if the person is uncertain whether the information is true?
Answer:
The prosecution would still have to establish the statutory mental element.
The section requires that the accused:
KNOWS OR BELIEVES
the information to be false.
Mere uncertainty is not identical to knowledge or belief of falsity.
Q35. What if a person repeats a rumour without knowing it is false?
Answer:
Merely repeating information that later proves false would not automatically satisfy Section 240.
The prosecution must establish that the person knew or believed the information was false.
Q36. Does Section 240 apply only to information given to police?
Answer:
The supplied wording does not expressly limit the section to police.
It broadly refers to a person who gives false information respecting the offence.
For purposes of applying the section, the statutory context and recipient of the information would have to be considered, but the supplied text itself does not say “police only.”
Q37. Does Section 240 require a written statement?
Answer:
No.
The provision refers generally to giving information.
According to the supplied comments, this includes voluntarily providing information or making an affirmative remark.
Thus, the section is not limited on its face to written information.
Q38. Can oral information be covered?
Answer:
Yes, according to the supplied explanation of “giving information,” an affirmative oral statement may potentially be covered.
Q39. Can written information be covered?
Answer:
Yes.
Nothing in the supplied wording excludes written information.
Q40. What is the importance of the word “false”?
Answer:
The information itself must be false, and the accused must know or believe that it is false.
Thus, both:
OBJECTIVE FALSEHOOD
and
SUBJECTIVE AWARENESS OF FALSEHOOD
are important.
Q41. Is a misleading half-truth automatically covered?
Answer:
That would depend on whether the information given can properly be treated as false and whether the accused knew or believed it to be false.
Section 240 is framed around false information, not merely incomplete information as such.
Q42. Is omission of certain facts the same as giving false information?
Answer:
Not automatically.
According to the supplied comments, “giving information” involves a voluntary affirmative communication.
A mere omission is not necessarily the same as positively giving false information.
Q43. What does the Explanation to Section 240 do?
Answer:
The Explanation expands the meaning of:
“OFFENCE”
for Sections:
238, 239 and 240
to include certain acts committed outside India.
Q44. Does every act committed outside India count as an “offence” under the Explanation?
Answer:
No.
The Explanation is limited to acts which:
- Are committed outside India; and
- Would, if committed in India, be punishable under the specifically listed BNS provisions.
Q45. Which BNS provisions are listed in the Explanation?
Answer:
The supplied text lists:
- Section 103
- Section 105
- Section 307
- Section 309(2), (3), and (4)
- Section 310(2), (3), (4), and (5)
- Section 311
- Section 312
- Section 326(f) and (g)
- Section 331(4), (6), (7), and (8)
- Section 332(a) and (b)
These are the cross-references expressly supplied in the Explanation.
Q46. Why is the Explanation important?
Answer:
It means Section 240 is not confined absolutely to offences physically committed within India.
Certain specified acts committed outside India are treated as “offences” for purposes of Sections 238, 239, and 240 if they would be punishable under the listed BNS provisions if committed in India.
Q47. Does the Explanation apply only to Section 240?
Answer:
No.
The supplied wording expressly states that it applies in:
Sections 238, 239 and 240
Q48. What is the punishment under Section 240?
Answer:
The offender may be punished with:
- Imprisonment of either description up to 2 years; or
- Fine; or
- Both.
Q49. What does “imprisonment of either description” mean?
Answer:
It means:
- Simple imprisonment; or
- Rigorous imprisonment.
Q50. What is the maximum term of imprisonment?
Answer:
2 years
Q51. Is a specific maximum fine stated?
Answer:
No.
The supplied text provides for:
FINE
without specifying a monetary ceiling.
Q52. What is the classification of Section 240?
Answer:
According to the supplied classification:
- Non-Cognizable
- Bailable
- Any Magistrate
Memory
NC + B + ANY MAGISTRATE
Q53. Is Section 240 cognizable?
Answer:
No.
It is:
NON-COGNIZABLE
Q54. Is Section 240 bailable?
Answer:
Yes.
It is:
BAILABLE
Q55. Which Court may try the offence?
Answer:
According to the supplied classification:
ANY MAGISTRATE
Q56. What is the easiest problem-question test for Section 240?
Answer:
Ask:
- Was an offence actually committed?
- Did the accused know or have reason to believe that it was committed?
- Did the accused give information concerning that offence?
- Was that information false?
- Did the accused know or believe that it was false?
If these ingredients are established, Section 240 becomes relevant.
Q57. What are the two key knowledge stages?
Answer:
Stage 1
Knowledge or reason to believe:
AN OFFENCE HAS BEEN COMMITTED
Stage 2
Knowledge or belief:
THE INFORMATION GIVEN IS FALSE
Memory
KNOW THE OFFENCE – KNOW THE LIE
Q58. How does Section 240 differ from Section 241?
Answer:
Section 240
The accused gives:
FALSE INFORMATION ABOUT AN OFFENCE
Section 241
The accused:
HIDES, DESTROYS, OBLITERATES OR RENDERS ILLEGIBLE DOCUMENTARY/ELECTRONIC EVIDENCE
Memory
240 = FALSE INFORMATION
241 = DESTROY EVIDENCE
Q59. How does Section 240 differ from Section 242?
Answer:
Section 240
False information concerning an offence.
Section 242
False personation in a suit or criminal prosecution.
Memory
240 = FALSE STORY
242 = FALSE IDENTITY
Q60. How does Section 240 differ from Section 248?
Answer:
Section 240
The person gives false information concerning an offence which has been committed, knowing or believing the information to be false.
Section 248
The person institutes or causes a criminal proceeding, or falsely charges someone with an offence, with intent to injure and knowing there is no just or lawful ground.
Core Distinction
240 = FALSE INFORMATION ABOUT AN ACTUAL OFFENCE
248 = FALSE CRIMINAL PROCEEDING OR FALSE CHARGE
Q61. Is a false accusation automatically Section 240?
Answer:
Not necessarily.
A false accusation may raise different provisions depending on its nature and legal effect.
Section 240 specifically requires false information respecting an offence actually committed, combined with the required knowledge or belief.
Q62. What is the shortest memory formula for Section 240?
Answer:
“KNOW AN OFFENCE HAPPENED + KNOWINGLY GIVE FALSE INFORMATION ABOUT IT = 240.”
Key Provisions (Study Notes)
1. Actual Offence
There must be:
AN OFFENCE COMMITTED
This is the factual foundation of the section.
2. First Mental Element
The accused must:
KNOW OR HAVE REASON TO BELIEVE
that the offence has been committed.
3. Positive Act
The accused must:
GIVE INFORMATION
According to the supplied comments, this means a voluntary affirmative communication.
4. Connection
The information must be:
RESPECTING THAT OFFENCE
5. Falsehood
The information must be:
FALSE
6. Second Mental Element
The accused must:
KNOW OR BELIEVE
that the information is false.
Essential Ingredients — Rapid Recall
OFFENCE ACTUALLY COMMITTED
+
KNOW / REASON TO BELIEVE
+
GIVE INFORMATION ABOUT THAT OFFENCE
+
INFORMATION FALSE
+
KNOW / BELIEVE IT IS FALSE
= SECTION 240
Explanation — Foreign Acts
For Sections 238, 239 and 240, the term “offence” also includes certain specified acts committed outside India if those acts would, if committed in India, be punishable under the BNS provisions expressly listed in the Explanation.
Memory
238 – 239 – 240 SHARE THE EXPLANATION
The foreign act must correspond to one of the specifically enumerated BNS provisions.
Punishment Notes
Section 240 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 Position
According to the supplied comments:
Section 240 BNS = Section 203 IPC
The language remains unchanged.
The principal stated BNS adjustment is that the IPC section references appearing in the Explanation have been replaced by the corresponding BNS section numbers.
Quick Revision Notes
Section
240 BNS
Title
Giving false information respecting an offence committed
IPC Equivalent
Section 203 IPC
First Requirement
An offence has actually been committed.
Knowledge
Accused knows or has reason to believe the offence was committed.
Act
Gives information respecting that offence.
Falsehood
Information is false.
Mental Element Regarding Falsehood
Accused knows or believes it to be false.
Legal Duty to Inform
According to the supplied comments, not essential.
Punishment
Up to 2 years / fine / both
Classification
Non-Cognizable + Bailable + Any Magistrate
BNS Change
Corresponding BNS cross-references substituted in the Explanation.
Exam Traps
Trap 1 — Forgetting that an offence must actually have been committed
Section 240 is built around:
AN ACTUAL OFFENCE
Trap 2 — Confusing knowledge of the offence with knowledge of falsehood
Both must be separately remembered:
KNOW OFFENCE OCCURRED
and
KNOW/BELIEVE INFORMATION IS FALSE
Trap 3 — Thinking legal duty to inform is essential
According to the supplied comments, Section 240 can apply even where the person was not legally bound to give the information.
Trap 4 — Treating mere silence as identical to false information
The supplied comments explain “giving information” as a voluntary affirmative communication.
Trap 5 — Treating an honest mistake as an offence
Incorrect.
The accused must know or believe the information to be false.
Trap 6 — Requiring dishonest or fraudulent intention
Those words are not expressly used in Section 240.
The controlling mental element is:
KNOWLEDGE OR BELIEF OF FALSEHOOD
Trap 7 — Requiring actual diversion of investigation
Not expressly required.
Trap 8 — Requiring actual harm to an innocent person
Not expressly required.
Trap 9 — Requiring the real offender to escape
Not expressly required.
Trap 10 — Forgetting the foreign-offence Explanation
For specified acts committed outside India, the Explanation may bring them within the meaning of “offence” for Sections 238–240.
Trap 11 — Treating every foreign offence as covered
Incorrect.
Only the specified acts corresponding to the BNS provisions listed in the Explanation are covered.
Trap 12 — Confusing Section 240 with Section 241
Remember:
240 = FALSE INFORMATION
241 = DESTROY EVIDENCE
Rapid Revision Chain: Sections 240–248
240 = FALSE INFORMATION
241 = DESTROY EVIDENCE
242 = FALSE PERSONATION
243 = HIDE PROPERTY
244 = FALSE PROPERTY CLAIM
245 = SUFFER FALSE DECREE
246 = FALSE COURT CLAIM
247 = OBTAIN FALSE DECREE
248 = FALSE CRIMINAL CHARGE
Expanded:
240 = LIE ABOUT AN ACTUAL OFFENCE
241 = HIDE/DESTROY DOCUMENT OR E-RECORD
242 = USE FALSE IDENTITY IN LEGAL PROCEEDING
243 = MOVE/HIDE PROPERTY TO BLOCK SEIZURE
244 = FALSELY CLAIM PROPERTY TO BLOCK SEIZURE
245 = ALLOW FALSE DECREE AGAINST SELF
246 = MAKE FALSE CLAIM IN COURT
247 = OBTAIN FALSE DECREE AGAINST ANOTHER
248 = MAKE FALSE CRIMINAL CHARGE
Best Nine-Section Memory Sequence
240 = INFORM FALSELY
241 = DESTROY
242 = PERSONATE
243 = REMOVE PROPERTY
244 = CLAIM PROPERTY
245 = SUFFER DECREE
246 = CLAIM IN COURT
247 = OBTAIN DECREE
248 = ACCUSE
Ultimate Memory Formula
SECTION 240
AN OFFENCE HAS BEEN COMMITTED
+
ACCUSED KNOWS / HAS REASON TO BELIEVE IT
+
GIVES INFORMATION RESPECTING THAT OFFENCE
+
INFORMATION IS FALSE
+
ACCUSED KNOWS / BELIEVES IT IS FALSE
= SECTION 240
Key Takeaway
Section 240 BNS criminalises the deliberate giving of false information concerning an offence which has actually been committed.
The prosecution must establish:
ACTUAL OFFENCE
KNOWLEDGE OR REASON TO BELIEVE OF ITS COMMISSION
GIVING INFORMATION ABOUT IT
FALSEHOOD
KNOWLEDGE OR BELIEF OF FALSEHOOD
According to the supplied comments, the person need not be under a legal duty to provide the information; voluntary provision of knowingly false information may suffice.
The punishment is:
Up to 2 years / fine / both
The offence is:
Non-Cognizable + Bailable + Any Magistrate
According to the supplied comments:
Section 240 BNS = Section 203 IPC
and the substantive language remains unchanged, while the Explanation now uses the corresponding BNS cross-references.
Final Memory Line
“240 = KNOW AN OFFENCE OCCURRED + KNOWINGLY GIVE FALSE INFORMATION ABOUT THAT OFFENCE.”
- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 241: Destruction of Document or Electronic Record to Prevent Its Production as Evidence
Introduction
Section 241 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who intentionally interferes with a document or electronic record so that it cannot be produced or used as evidence before a Court or in a lawful proceeding before a public servant.
The provision applies where a person:
- Secretes;
- Destroys;
- Obliterates; or
- Renders illegible
a document or electronic record which he may lawfully be compelled to produce as evidence, and does so with the intention of preventing its production or use as evidence.
It also applies where the person acts after having been lawfully summoned or required to produce it.
The central idea is:
DOCUMENT / ELECTRONIC RECORD + DESTRUCTION / CONCEALMENT / OBLITERATION + INTENT TO PREVENT EVIDENCE = SECTION 241
Q1. What does Section 241 punish?
Answer:
Section 241 punishes a person who:
- Secretes or destroys a document or electronic record;
- Obliterates or renders illegible the whole or any part of it;
- The document or electronic record is one which he may lawfully be compelled to produce as evidence;
- The intended production or use is before:
- A Court; or
- A public servant in a lawfully held proceeding;
- The act is done with the intention of preventing the document or electronic record from being produced or used as evidence.
It also covers conduct occurring after the person has been lawfully summoned or required to produce the material.
Q2. What is the object of Section 241?
Answer:
The section protects the integrity of the evidentiary process.
Courts and lawful proceedings depend on the preservation and production of relevant evidence. A person must not deliberately:
- Hide evidence;
- Destroy evidence;
- Erase it;
- Damage it;
- Make it unreadable
in order to prevent its use in a legal proceeding.
Core Principle
EVIDENCE CANNOT BE DELIBERATELY DESTROYED OR HIDDEN TO DEFEAT ITS PRODUCTION
Q3. Which IPC provision corresponds to Section 241 BNS?
Answer:
According to the supplied comments:
Section 241 BNS = Section 204 IPC
Q4. What changes have been made under the BNS?
Answer:
According to the supplied comments:
- The substantive language remains unchanged;
- The maximum imprisonment has increased from:
2 years → 3 years
- A maximum fine of:
₹5,000
has been fixed.
Q5. Who can commit the offence?
Answer:
The provision begins with:
“Whoever”
Therefore, it is a general offence.
No special status is required.
Q6. What are the essential ingredients of Section 241?
Answer:
The essential ingredients are:
- There must be a document or electronic record;
- The accused:
- Secretes;
- Destroys;
- Obliterates; or
- Renders illegible the whole or any part of it;
- The material is one which the accused may lawfully be compelled to produce as evidence;
- The production or use is connected with:
- A Court; or
- A lawful proceeding before a public servant;
- The accused acts with the intention of preventing its production or use as evidence.
Formula
DOCUMENT / ELECTRONIC RECORD + INTERFERENCE + LAWFUL DUTY TO PRODUCE + INTENT TO PREVENT USE AS EVIDENCE = 241
Q7. What types of material are covered?
Answer:
The section expressly covers:
DOCUMENT
and:
ELECTRONIC RECORD
Thus, it is not limited to paper records.
Q8. Why is “electronic record” important?
Answer:
Because modern evidence often exists digitally.
Examples may include:
- Emails;
- Electronic files;
- Digital records;
- Stored data;
- Scanned documents;
- Computer records.
The section expressly extends to such electronic evidence.
Q9. What are the four main prohibited acts?
Answer:
The section covers:
SECRETE
DESTROY
OBLITERATE
RENDER ILLEGIBLE
Memory
S – D – O – I
Secrete – Destroy – Obliterate – Illegible
Q10. What does “secretes” mean?
Answer:
For study purposes, it means hiding or concealing the document or electronic record so that it cannot be found or produced.
Q11. Give an example of secreting evidence.
Answer:
Suppose A has a document which may lawfully be required in Court.
A hides it in a place where it is unlikely to be found, intending to prevent its production.
Section 241 may apply.
Q12. What does “destroys” mean?
Answer:
It means physically or otherwise eliminating the document or electronic record so that it no longer exists in usable form.
Q13. Give an example of destruction.
Answer:
Suppose A burns a document which he knows may be required as evidence in Court, intending that it cannot be produced.
Section 241 may apply.
Q14. Can destruction apply to electronic records?
Answer:
Yes.
For example, deliberately deleting an electronic record with the required intention may fall within the provision.
Q15. What does “obliterates” mean?
Answer:
It means erasing, effacing, or removing content from the document or electronic record so that the relevant information is destroyed.
Q16. Must the whole document be obliterated?
Answer:
No.
The section expressly applies to:
THE WHOLE OR ANY PART
of the document or electronic record.
Q17. Why is “any part” important?
Answer:
Because a person may try to defeat evidence by erasing only the damaging or relevant portion rather than destroying the whole document.
Section 241 covers such partial destruction or alteration.
Q18. What does “renders illegible” mean?
Answer:
It means making the document or electronic record unreadable or incapable of being properly understood.
Q19. Give an example of rendering a document illegible.
Answer:
Suppose A deliberately smears ink over the important entries in a document so that they cannot be read in Court.
Section 241 may apply.
Q20. Give an example involving an electronic record.
Answer:
Suppose A deliberately corrupts an electronic file or erases essential portions of it so that it cannot be read or used in a lawful proceeding.
If done with the required intention, Section 241 may apply.
Q21. Must the material be capable of being lawfully compelled to be produced?
Answer:
Yes.
This is a central ingredient.
The provision refers to a document or electronic record which the person:
MAY BE LAWFULLY COMPELLED TO PRODUCE AS EVIDENCE
Q22. Why is lawful compulsion important?
Answer:
Because Section 241 is tied to the legal duty or potential legal duty to produce evidence.
The material must be such that lawful authority may require its production.
Q23. Must a summons already have been issued?
Answer:
Not necessarily.
The section covers a document or electronic record which the person:
MAY BE LAWFULLY COMPELLED TO PRODUCE
Thus, the offence may arise even before a formal summons, provided the other statutory ingredients are satisfied.
Q24. Does the section also cover conduct after a summons or requirement?
Answer:
Yes.
The section expressly includes the situation where the person acts:
AFTER HE HAS BEEN LAWFULLY SUMMONED OR REQUIRED TO PRODUCE THE SAME
Q25. Why is this distinction important?
Answer:
Because Section 241 covers two broad situations:
First
The person destroys or hides material which he may lawfully be compelled to produce.
Second
He does so after already being lawfully summoned or required to produce it.
Memory
BEFORE FORMAL DEMAND OR AFTER FORMAL DEMAND
Both may be covered.
Q26. Before which authorities may the evidence be required?
Answer:
The provision covers production before:
- A Court; or
- A public servant in a proceeding lawfully held before that public servant.
Q27. Is the section limited only to Court proceedings?
Answer:
No.
It also covers:
ANY PROCEEDING LAWFULLY HELD BEFORE A PUBLIC SERVANT
Q28. Why does the section mention “as such”?
Answer:
The wording refers to a proceeding before a public servant acting in his official capacity.
The public servant must therefore be functioning in that role.
Q29. Must the proceeding before the public servant be lawful?
Answer:
Yes.
The section expressly refers to:
A PROCEEDING LAWFULLY HELD
This is an important statutory limitation.
Q30. What is the central mens rea under Section 241?
Answer:
The person must act:
WITH THE INTENTION OF PREVENTING THE DOCUMENT OR ELECTRONIC RECORD FROM BEING PRODUCED OR USED AS EVIDENCE
This intention is critical.
Q31. Is accidental destruction sufficient?
Answer:
No.
If a document is accidentally destroyed, the required intention is absent.
Memory
ACCIDENT ≠ SECTION 241
Q32. Is negligent loss of a document sufficient?
Answer:
Not merely on the wording of Section 241.
The section requires the specific intention to prevent production or use as evidence.
Q33. Is ordinary disposal of an old document automatically criminal?
Answer:
No.
There must be the required connection with evidence and the intention to prevent its production or use.
Q34. Must the person know the document is relevant evidence?
Answer:
The structure of the provision requires that the person act with the intention of preventing the material from being produced or used as evidence.
Therefore, the evidentiary purpose must form part of the accused’s intended objective.
Q35. Must the document actually be admissible at trial?
Answer:
The supplied text focuses on a document or electronic record which the person may lawfully be compelled to produce as evidence.
The key statutory question is therefore the lawful compellability and intended prevention of its production or use.
Q36. Must the prosecution prove that the document would definitely change the outcome of the case?
Answer:
No such requirement appears in the supplied text.
The offence focuses on intentional interference with evidence, not on whether the evidence would ultimately determine the outcome.
Q37. Must the proceeding actually fail because of the destruction?
Answer:
No.
Actual failure of the proceeding is not expressly required.
The offence concerns the intentional prevention of production or use of evidence.
Q38. Is successful concealment necessary?
Answer:
No.
The relevant act and intention are central.
If the material is later recovered, that does not necessarily erase the earlier conduct.
Q39. Is complete destruction necessary?
Answer:
No.
The section expressly includes:
- Obliteration;
- Rendering illegible;
- Destruction of any part.
Thus, partial interference may be enough.
Q40. Can altering one critical sentence in a document fall within the section?
Answer:
Potentially, yes, if that alteration amounts to obliteration or rendering a part illegible and is done with the intention of preventing its use as evidence.
Q41. Can deleting only part of an electronic record be covered?
Answer:
Yes.
The provision extends to:
THE WHOLE OR ANY PART
of an electronic record.
Q42. Is merely refusing to produce a document the same as destroying it?
Answer:
Section 241 specifically addresses acts such as:
- Secreting;
- Destroying;
- Obliterating;
- Rendering illegible.
A mere refusal, without one of these forms of interference, should not automatically be treated as the same conduct under this provision.
Q43. Is the section concerned with evidence tampering?
Answer:
Yes, in the specific form described by the provision.
It punishes intentional interference with documents or electronic records to prevent their production or use as evidence.
Q44. Can the offence occur before trial begins?
Answer:
Yes.
The wording is broad enough to cover destruction or concealment before formal production, provided the person may lawfully be compelled to produce the material and acts with the required intention.
Q45. Can the offence occur during an ongoing proceeding?
Answer:
Yes.
For example, after receiving a lawful summons to produce a record, a person may destroy it to prevent its use.
Q46. Can the offence occur after a formal requirement to produce evidence?
Answer:
Yes.
That situation is expressly mentioned.
Q47. What is the punishment under Section 241?
Answer:
The offender may be punished with:
- Imprisonment of either description up to 3 years; or
- Fine up to ₹5,000; or
- Both.
Q48. What does “imprisonment of either description” mean?
Answer:
It means:
- Simple imprisonment; or
- Rigorous imprisonment.
Q49. What is the maximum term of imprisonment?
Answer:
3 years
Q50. What is the maximum fine?
Answer:
₹5,000
Q51. What is the classification of Section 241?
Answer:
According to the supplied material:
- Non-Cognizable
- Bailable
- Magistrate of the First Class
Memory
NC + B + MFC
Q52. Is the offence cognizable?
Answer:
No.
It is:
NON-COGNIZABLE
Q53. Is the offence bailable?
Answer:
Yes.
It is:
BAILABLE
Q54. Which Court may try the offence?
Answer:
According to the supplied classification:
MAGISTRATE OF THE FIRST CLASS
Q55. What was the IPC punishment and what changed under BNS?
Answer:
According to the supplied comments, the maximum imprisonment under the corresponding IPC provision was:
2 years
Under Section 241 BNS, it is:
3 years
Thus:
2 → 3 YEARS
Q56. What change was made regarding fine?
Answer:
According to the supplied comments, a maximum fine of:
₹5,000
has been fixed under the BNS provision.
Q57. How does Section 241 differ from Section 242?
Answer:
Section 241
Concerns destruction, concealment, or impairment of documentary/electronic evidence.
Memory
DESTROY EVIDENCE
Section 242
Concerns false personation in a suit or criminal prosecution.
Memory
FALSE IDENTITY IN PROCEEDING
Core Distinction
241 = EVIDENCE
242 = IDENTITY
Q58. How does Section 241 differ from Section 243?
Answer:
Section 241
The object is to prevent production or use of:
EVIDENCE
Section 243
The object is to prevent seizure of:
PROPERTY
through forfeiture, fine recovery, or civil execution.
Memory
241 = HIDE EVIDENCE
243 = HIDE PROPERTY
Q59. What is the easiest problem-question test for Section 241?
Answer:
Ask:
- Is there a document or electronic record?
- Could the accused lawfully be compelled to produce it as evidence?
- Did the accused:
- Secrete;
- Destroy;
- Obliterate; or
- Render illegible the whole or part?
- Was the evidence intended for a Court or lawful proceeding before a public servant?
- Did the accused intend to prevent its production or use as evidence?
- Had the accused already been lawfully summoned or required to produce it, if relevant?
Q60. What is the shortest memory formula?
Answer:
“HIDE OR DESTROY DOCUMENTARY/ELECTRONIC EVIDENCE TO PREVENT ITS USE = 241.”
Key Provisions (Study Notes)
1. Subject Matter
Section 241 covers:
DOCUMENT
and:
ELECTRONIC RECORD
2. Four Forms of Interference
SECRETE
DESTROY
OBLITERATE
RENDER ILLEGIBLE
Memory
S – D – O – I
3. Whole or Part
The interference may affect:
THE WHOLE OR ANY PART
of the document or electronic record.
Complete destruction is unnecessary.
4. Legal Connection
The material must be one which the accused:
MAY BE LAWFULLY COMPELLED TO PRODUCE AS EVIDENCE
5. Forum
The intended production or use must be before:
COURT
or:
PUBLIC SERVANT IN A LAWFULLY HELD PROCEEDING
6. Special Intention
The person must intend:
TO PREVENT PRODUCTION OR USE AS EVIDENCE
7. Formal Summons Not Always Necessary
The section covers material which the person may lawfully be compelled to produce, and it also expressly covers conduct after he has been lawfully summoned or required to produce it.
Memory
BEFORE OR AFTER FORMAL REQUIREMENT
Essential Ingredients — Rapid Recall
DOCUMENT / ELECTRONIC RECORD
+
SECRETE / DESTROY / OBLITERATE / RENDER ILLEGIBLE
+
LAWFULLY COMPELLABLE AS EVIDENCE
+
INTENT TO PREVENT PRODUCTION OR USE
= SECTION 241
Punishment Notes
Section 241 provides:
UP TO 3 YEARS
or:
FINE UP TO ₹5,000
or:
BOTH
Classification Notes
According to the supplied material:
NON-COGNIZABLE
BAILABLE
MAGISTRATE OF THE FIRST CLASS
IPC Equivalent and BNS Changes
According to the supplied comments:
Section 241 BNS = Section 204 IPC
The stated BNS changes are:
2 YEARS → 3 YEARS
and:
MAXIMUM FINE FIXED AT ₹5,000
Quick Revision Notes
Section
241 BNS
Title
Destruction of document or electronic record to prevent its production as evidence
IPC Equivalent
Section 204 IPC
Subject Matter
Document or electronic record
Acts
Secrete – Destroy – Obliterate – Render illegible
Extent
Whole or any part
Legal Requirement
Material may lawfully be compelled to be produced as evidence.
Forum
- Court;
- Lawful proceeding before public servant.
Mens Rea
Intent to prevent production or use as evidence.
Punishment
Up to 3 years / fine up to ₹5,000 / both
Classification
Non-Cognizable + Bailable + Magistrate First Class
BNS Changes
2 years → 3 years; fine ceiling fixed at ₹5,000
Exam Traps
Trap 1 — Thinking only physical documents are covered
Incorrect.
The section expressly includes:
ELECTRONIC RECORDS
Trap 2 — Thinking only total destruction counts
Incorrect.
It also covers:
ANY PART
of the document or electronic record.
Trap 3 — Forgetting secreting
A document need not be destroyed.
Simply hiding it with the required intention may fall within the section.
Trap 4 — Forgetting obliteration and illegibility
The section also covers making evidence unreadable or erasing part of it.
Trap 5 — Thinking a summons must always already exist
Incorrect.
The section also applies where the person:
MAY BE LAWFULLY COMPELLED TO PRODUCE
the evidence.
Trap 6 — Thinking accidental destruction is enough
Incorrect.
The accused must intend to prevent production or use as evidence.
Trap 7 — Requiring successful suppression of evidence
Incorrect.
The section focuses on the intentional act; ultimate success is not expressly required.
Trap 8 — Restricting the section to Court proceedings
Incorrect.
It also includes lawful proceedings before a public servant.
Trap 9 — Confusing Section 241 with Section 243
Remember:
241 = HIDE/DESTROY EVIDENCE
243 = HIDE/MOVE PROPERTY TO DEFEAT SEIZURE
Trap 10 — Writing the old IPC maximum punishment
For BNS, remember:
3 YEARS
not 2 years.
Rapid Revision Chain: Sections 241–248
241 = DESTROY EVIDENCE
242 = PERSONATE
243 = HIDE PROPERTY
244 = FALSE PROPERTY CLAIM
245 = SUFFER FALSE DECREE
246 = FALSE COURT CLAIM
247 = OBTAIN FALSE DECREE
248 = FALSE CRIMINAL CHARGE
Expanded:
241 = HIDE/DESTROY EVIDENCE
242 = FALSE IDENTITY IN PROCEEDING
243 = MOVE/HIDE PROPERTY TO BLOCK SEIZURE
244 = FALSELY CLAIM PROPERTY TO BLOCK SEIZURE
245 = ALLOW FALSE DECREE AGAINST SELF
246 = MAKE FALSE CLAIM IN COURT
247 = OBTAIN FALSE DECREE AGAINST ANOTHER
248 = MAKE FALSE CRIMINAL CHARGE
Best Eight-Section Memory Sequence
241 = EVIDENCE
242 = IDENTITY
243 = PROPERTY MOVEMENT
244 = PROPERTY CLAIM
245 = SUFFER DECREE
246 = CLAIM
247 = OBTAIN DECREE
248 = ACCUSE
Ultimate Memory Formula
SECTION 241
DOCUMENT / ELECTRONIC RECORD
+
SECRETE / DESTROY / OBLITERATE / RENDER ILLEGIBLE
WHOLE OR PART
+
LAWFULLY COMPELLABLE AS EVIDENCE
+
INTENTION TO PREVENT PRODUCTION OR USE
BEFORE
COURT / PUBLIC SERVANT
= SECTION 241
Key Takeaway
Section 241 BNS protects the evidentiary process against deliberate destruction or suppression of documents and electronic records.
The offender may:
SECRETE – DESTROY – OBLITERATE – RENDER ILLEGIBLE
the whole or any part of a document or electronic record which he may lawfully be compelled to produce as evidence.
The essential purpose must be:
TO PREVENT ITS PRODUCTION OR USE AS EVIDENCE
before a Court or in a lawfully held proceeding before a public servant.
The provision can apply both before and after a formal summons or requirement to produce the material.
The punishment is:
Up to 3 years / fine up to ₹5,000 / both
The offence is:
Non-Cognizable + Bailable + Magistrate of the First Class
According to the supplied comments:
Section 241 BNS = Section 204 IPC
with the principal stated changes:
2 years → 3 years
and:
Maximum fine fixed at ₹5,000
Final Memory Line
“241 = DOCUMENT/E-RECORD + HIDE/DESTROY/ERASE + INTENT TO PREVENT ITS USE AS EVIDENCE.”
- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 242: False Personation for Purpose of Act or Proceeding in Suit or Prosecution
Introduction
Section 242 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who falsely assumes the identity of another and, while acting in that assumed character, performs an act connected with a civil suit or criminal prosecution.
The provision is aimed at protecting the integrity of judicial proceedings. A person must not enter or participate in litigation under a false identity and thereby make statements, admit facts, confess judgment, cause judicial process to issue, become bail or security, or perform any other relevant procedural act.
The central idea is:
FALSE IDENTITY + ACT IN THAT ASSUMED CHARACTER + SUIT OR CRIMINAL PROSECUTION = SECTION 242
Q1. What does Section 242 provide?
Answer:
Section 242 applies where a person:
- Falsely personates another;
- Assumes that other person’s character or identity; and
- In that assumed character performs an act in a:
- Suit; or
- Criminal prosecution.
The section specifically mentions acts such as:
- Making an admission;
- Making a statement;
- Confessing judgment;
- Causing process to be issued;
- Becoming bail;
- Becoming security; or
- Doing any other act in the suit or prosecution.
Q2. What is the object of Section 242?
Answer:
The object is to protect the sanctity, authenticity, and integrity of judicial proceedings.
Courts must be able to rely upon the true identity of persons who:
- Appear before them;
- Make statements;
- Give admissions;
- Submit to judgments;
- Stand bail or security;
- Initiate procedural steps; or
- Otherwise participate in legal proceedings.
False identity can distort the judicial process and affect the rights of parties.
Core Principle
A PERSON CANNOT PARTICIPATE IN A SUIT OR CRIMINAL PROSECUTION UNDER A FALSE ASSUMED IDENTITY
Q3. Which IPC provision corresponds to Section 242 BNS?
Answer:
According to the supplied comments:
Section 242 BNS = Section 205 IPC
Q4. Has Section 242 changed under BNS?
Answer:
According to the supplied comments:
- The language remains unchanged; and
- The provision has been retained as it is.
No substantive BNS change has been identified in the supplied material.
Q5. Who can commit the offence?
Answer:
The provision begins with:
“Whoever”
Therefore, it is a general offence.
No special status such as public servant, advocate, witness, or Court employee is necessary.
Q6. What are the essential ingredients of Section 242?
Answer:
The principal ingredients are:
- There must be false personation;
- The accused assumes the character of another;
- While acting in that assumed character, the accused performs an act;
- The act must be connected with:
- A civil suit; or
- A criminal prosecution.
According to the supplied comments, the impersonation must also be knowingly undertaken for the purpose of deceiving or influencing the legal proceeding.
Formula
FALSE PERSONATION + ASSUMED CHARACTER + LEGAL ACT + SUIT/CRIMINAL PROSECUTION = 242
Q7. What is meant by false personation?
Answer:
False personation means pretending to be another person and acting in that assumed identity.
The offender presents himself as someone he is not.
According to the supplied comments, the assumed identity may concern a real or fictitious person.
Q8. Is merely using a false name enough?
Answer:
Not necessarily.
Section 242 requires more than merely stating a false name.
The accused must falsely personate another and then, in that assumed character, perform some act in a suit or criminal prosecution.
Memory
FALSE NAME ALONE ≠ SECTION 242
The false identity must be connected with an act in the legal proceeding.
Q9. What does “in such assumed character” mean?
Answer:
It means that after assuming another person’s identity, the accused acts as though he actually were that person.
The legal act must therefore be performed through the false identity.
Q10. Why is the phrase “in such assumed character” important?
Answer:
Because it establishes the necessary connection between:
- The impersonation; and
- The act done in Court proceedings.
A person must not merely impersonate someone elsewhere; he must act in that identity in relation to the suit or prosecution.
Q11. What legal proceedings are covered?
Answer:
The section expressly covers:
SUIT
and
CRIMINAL PROSECUTION
Q12. Does Section 242 cover civil proceedings?
Answer:
Yes.
The word:
“suit”
covers the civil side contemplated by the provision.
Q13. Does Section 242 cover criminal proceedings?
Answer:
Yes.
The section expressly refers to:
“criminal prosecution”
Q14. What acts are specifically mentioned?
Answer:
The accused may, in the assumed character:
- Make an admission;
- Make a statement;
- Confess judgment;
- Cause any process to be issued;
- Become bail;
- Become security; or
- Do any other act in the suit or criminal prosecution.
Memory
ADMISSION – STATEMENT – JUDGMENT – PROCESS – BAIL – SECURITY – OTHER ACT
Q15. What is an admission for the purpose of understanding Section 242?
Answer:
An admission is a statement acknowledging some fact, liability, or legal position relevant to the proceeding.
If a person falsely assumes another’s identity and makes such an admission in that assumed character, Section 242 may apply.
Q16. Give an example involving an admission.
Answer:
Suppose A impersonates B in a civil suit and admits that B owes the claimant a substantial amount.
A has made an admission while falsely acting as B.
Section 242 may be attracted.
Q17. What is meant by making a statement?
Answer:
The section broadly covers statements made in the assumed identity in connection with the suit or criminal prosecution.
The statement need not necessarily be an admission.
Q18. Give an example involving a statement.
Answer:
Suppose A appears pretending to be B and makes a procedural or factual statement in a criminal prosecution while acting as B.
Section 242 may apply.
Q19. What does “confesses judgment” mean in the structure of the section?
Answer:
It refers to a person falsely personating another and, in that assumed character, accepting or submitting to a judgment against that person.
The important point is that the purported submission is made under a false identity.
Q20. Why can false confession of judgment be serious?
Answer:
Because it may create or recognise legal liability against the person being impersonated without that person’s genuine participation or consent.
Q21. What does “causes any process to be issued” mean?
Answer:
It refers to using the assumed identity to cause some legal or judicial process to be initiated or issued in the proceeding.
The focus is on manipulating procedural machinery through false personation.
Q22. Must the accused personally issue the process?
Answer:
No.
The section says:
“causes any process to be issued”
Therefore, procuring or bringing about the issuance of process while acting under the assumed identity may be sufficient.
Q23. What does “becomes bail” mean?
Answer:
It covers a person who falsely assumes another person’s identity and presents himself as bail in a legal proceeding.
Q24. Give an example involving bail.
Answer:
Suppose A falsely pretends to be B and, using B’s identity, stands as bail for an accused person.
Section 242 may apply.
Q25. What does “becomes security” mean?
Answer:
It covers false personation for the purpose of undertaking or furnishing security in the proceeding.
A person cannot pretend to be another and bind that other person through security.
Q26. Is the list of prohibited acts exhaustive?
Answer:
No.
This is a major point.
The provision concludes with:
“or does any other act in any suit or criminal prosecution”
Therefore, the section is intentionally broad.
Q27. Why is “any other act” important?
Answer:
It prevents the offence from being confined only to the specifically listed examples.
The section can potentially cover other procedural acts performed under the false identity, provided they occur in a suit or criminal prosecution.
Q28. Could a person falsely appear as a party in a proceeding?
Answer:
According to the supplied comments, yes.
False personation connected with acting as a party in a legal proceeding may fall within the section if the required ingredients are satisfied.
Q29. Could false personation as a witness be covered?
Answer:
According to the supplied comments, false impersonation in the legal proceeding may extend to acting as a witness where the person assumes another identity and performs an act in that capacity.
The statutory requirement of false personation and an act in the proceeding must still be established.
Q30. Could falsely acting as a surety be covered?
Answer:
Yes.
The section expressly includes becoming:
BAIL OR SECURITY
Accordingly, false personation for purposes of standing as a surety falls within the kind of conduct contemplated by the section.
Q31. Must the impersonation actually deceive the Court?
Answer:
The statutory wording focuses on false personation and the doing of an act in the assumed character.
It does not expressly say that the Court must actually be successfully deceived.
Q32. Must the proceeding ultimately be affected?
Answer:
No actual alteration in the final outcome is expressly required by the supplied statutory text.
The central offence is the false participation itself.
Q33. Must another person actually suffer loss?
Answer:
No such requirement appears expressly in the supplied provision.
Actual financial or legal loss is not stated as a separate ingredient.
Q34. Is financial gain necessary?
Answer:
No.
The section does not require the offender to obtain money or property.
The offence is directed at false participation in legal proceedings.
Q35. Is causing wrongful loss expressly required?
Answer:
No.
The section is framed around:
- False personation;
- Assumed character; and
- An act in a suit or criminal prosecution.
Q36. Is the offence limited to impersonation for monetary benefit?
Answer:
No.
The purpose may relate to influencing, manipulating, or participating falsely in judicial proceedings generally.
Q37. What role does knowledge and intention play?
Answer:
According to the supplied comments, the impersonation must be knowingly undertaken, with intent to deceive or influence the legal proceeding.
This fits the basic nature of false personation: the accused knowingly assumes an identity that is not his own.
Q38. Would accidental mistaken identity amount to Section 242?
Answer:
No.
Accidentally being mistaken for another person is fundamentally different from:
FALSELY PERSONATING ANOTHER
The provision concerns deliberate assumption of another identity.
Q39. Would merely being wrongly identified by someone else make a person liable?
Answer:
Not by itself.
There must be false personation by the accused and action in the assumed character.
Q40. What if A is mistakenly called B but immediately corrects the mistake?
Answer:
That would not ordinarily fit the structure of Section 242 because A has not intentionally assumed B’s character and acted in that identity.
Q41. Give a simple example of Section 242.
Answer:
Suppose A pretends to be B in a civil suit and, while acting as B, admits liability to the plaintiff.
A may commit an offence under Section 242.
Q42. Give an example involving criminal prosecution.
Answer:
Suppose A impersonates B and appears in a criminal prosecution under B’s identity, making statements as though he were B.
Section 242 may apply.
Q43. Give an example involving bail.
Answer:
Suppose A pretends to be B and executes or undertakes bail obligations under B’s identity.
This is expressly within the type of conduct contemplated by the provision.
Q44. Give an example involving process.
Answer:
Suppose A impersonates B and, acting as B, causes a Court process to be issued against another person.
Section 242 may apply.
Q45. Is false personation outside any legal proceeding sufficient?
Answer:
Not for Section 242 merely on that basis.
The false personation must be connected with:
A SUIT OR CRIMINAL PROSECUTION
Q46. What is the special legal context required by the section?
Answer:
The act must occur in:
- A suit; or
- A criminal prosecution.
This legal context distinguishes Section 242 from more general forms of personation.
Q47. What is the punishment under Section 242?
Answer:
The offender may be punished with:
- Imprisonment of either description up to 3 years; or
- Fine; or
- Both.
Q48. What does “imprisonment of either description” mean?
Answer:
It means:
- Simple imprisonment; or
- Rigorous imprisonment.
Q49. What is the maximum imprisonment?
Answer:
3 years
Q50. Is a maximum fine specified?
Answer:
No specific monetary ceiling is stated in the supplied text.
The punishment is:
UP TO 3 YEARS / FINE / BOTH
Q51. What is the classification of Section 242?
Answer:
According to the supplied classification:
- Non-Cognizable
- Bailable
- Magistrate of the First Class
Memory
NC + B + MFC
Q52. Is the offence cognizable?
Answer:
No.
It is:
NON-COGNIZABLE
Q53. Is it bailable?
Answer:
Yes.
It is:
BAILABLE
Q54. Which Court may try the offence?
Answer:
According to the supplied classification:
MAGISTRATE OF THE FIRST CLASS
Q55. What is the easiest examination test for Section 242?
Answer:
Ask:
- Did the accused falsely personate another?
- Did the accused assume that person’s character?
- Did he perform an act in that assumed character?
- Was the act connected with:
- A suit; or
- A criminal prosecution?
- Was the impersonation knowingly undertaken?
If these ingredients are present, Section 242 becomes relevant.
Q56. What are the main action words to remember?
Answer:
ADMIT
STATE
CONFESS JUDGMENT
CAUSE PROCESS
BECOME BAIL
BECOME SECURITY
DO ANY OTHER ACT
Q57. What is the shortest memory formula?
Answer:
“PRETEND TO BE ANOTHER + ACT IN THAT IDENTITY IN A CASE = 242.”
Key Provisions (Study Notes)
1. Central Wrong
The core wrong is:
FALSE PERSONATION IN A LEGAL PROCEEDING
2. Assumed Character
The offender must act:
IN THE ASSUMED CHARACTER
The false identity and the legal act must therefore be connected.
3. Proceedings Covered
The section applies to:
SUIT
and:
CRIMINAL PROSECUTION
4. Specific Acts Covered
The person may:
- Make an admission;
- Make a statement;
- Confess judgment;
- Cause process to be issued;
- Become bail;
- Become security.
5. Residual Limb
The section also covers:
ANY OTHER ACT
in the suit or criminal prosecution.
This makes the provision wider than the enumerated acts alone.
6. Knowledge and Intention
According to the supplied comments, the impersonation must be knowingly undertaken, with intent to deceive or influence legal proceedings.
Essential Ingredients — Rapid Recall
FALSELY PERSONATE ANOTHER
+
ASSUME THAT CHARACTER
+
DO A LEGAL ACT
+
SUIT OR CRIMINAL PROSECUTION
= SECTION 242
Seven-Act Memory Sequence
ADMISSION
STATEMENT
CONFESS JUDGMENT
PROCESS
BAIL
SECURITY
OTHER ACT
Memory
A – S – J – P – B – S – O
Punishment Notes
Section 242 provides:
IMPRISONMENT OF EITHER DESCRIPTION UP TO 3 YEARS
or:
FINE
or:
BOTH
Classification Notes
According to the supplied material:
NON-COGNIZABLE
BAILABLE
MAGISTRATE OF THE FIRST CLASS
Memory
NC + B + MFC
IPC Equivalent and BNS Position
According to the supplied comments:
Section 242 BNS = Section 205 IPC
The provision has been retained without substantive change.
Quick Revision Notes
Section
242 BNS
Title
False personation for purpose of act or proceeding in suit or prosecution
IPC Equivalent
Section 205 IPC
Core Act
Falsely personating another.
Requirement
The offender must act in the assumed character.
Proceedings
- Suit;
- Criminal prosecution.
Examples of Acts
- Admission;
- Statement;
- Confession of judgment;
- Causing process;
- Becoming bail;
- Becoming security;
- Any other act.
Mental Element
According to the supplied comments, knowingly done with intent to deceive or influence legal proceedings.
Punishment
Up to 3 years / fine / both
Classification
Non-Cognizable + Bailable + Magistrate First Class
BNS Change
No substantive change stated.
Exam Traps
Trap 1 — Treating any impersonation as Section 242
Incorrect.
The impersonation must be connected to:
A SUIT OR CRIMINAL PROSECUTION
Trap 2 — Forgetting the act requirement
False personation alone is not the complete statutory structure.
The offender must act:
IN THE ASSUMED CHARACTER
Trap 3 — Restricting the section to statements
Incorrect.
It also covers:
- Admissions;
- Confession of judgment;
- Process;
- Bail;
- Security;
- Any other act.
Trap 4 — Forgetting “any other act”
The list is not exhaustive.
Trap 5 — Thinking financial gain is essential
Incorrect.
No such requirement appears in the supplied text.
Trap 6 — Requiring actual loss
Incorrect.
Actual loss is not expressly required.
Trap 7 — Requiring successful deception of the Court
The statutory text does not expressly require that the deception must succeed.
Trap 8 — Treating mistaken identity as personation
Incorrect.
False personation involves deliberate assumption of another’s identity.
Trap 9 — Forgetting both civil and criminal contexts
Remember:
SUIT + CRIMINAL PROSECUTION
Trap 10 — Restricting personation to acting as a party
According to the supplied comments, personation may arise in several legal capacities, including acting as a party, witness, bail, security, or in other procedural roles.
Comparison with Nearby Sections
Section 242
FALSE PERSONATION IN LEGAL PROCEEDING
The wrong concerns identity.
Section 243
FRAUDULENTLY MOVE/HIDE PROPERTY
The wrong concerns keeping property from lawful seizure.
Section 244
FRAUDULENT FALSE PROPERTY CLAIM
The wrong concerns asserting a false property right to prevent seizure.
Section 245
FRAUDULENTLY SUFFER FALSE DECREE AGAINST SELF
The wrong concerns allowing a sham decree or order against oneself.
Section 246
KNOWINGLY FALSE CLAIM IN COURT
The wrong concerns the falsity of the claim.
Section 247
FRAUDULENTLY OBTAIN FALSE DECREE AGAINST ANOTHER
The wrong concerns fraudulent decree or execution against another.
Section 248
FALSE CRIMINAL CHARGE
The wrong concerns knowingly groundless criminal proceedings or accusations.
Rapid Revision Chain: Sections 242–248
242 = PERSONATE
243 = HIDE PROPERTY
244 = CLAIM PROPERTY
245 = SUFFER DECREE
246 = FALSE CLAIM
247 = OBTAIN DECREE
248 = FALSE CHARGE
Expanded:
242 = FALSE IDENTITY IN CASE
243 = MOVE PROPERTY TO BLOCK SEIZURE
244 = FALSELY CLAIM PROPERTY TO BLOCK SEIZURE
245 = ALLOW FALSE DECREE AGAINST SELF
246 = MAKE FALSE COURT CLAIM
247 = OBTAIN FALSE DECREE AGAINST ANOTHER
248 = MAKE FALSE CRIMINAL CHARGE
Ultimate Memory Formula
SECTION 242
FALSELY PERSONATE ANOTHER
+
ACT IN THAT ASSUMED CHARACTER
BY
- Admission;
- Statement;
- Confessing judgment;
- Causing process;
- Becoming bail;
- Becoming security;
- Any other act;
IN
SUIT OR CRIMINAL PROSECUTION
= SECTION 242
Key Takeaway
Section 242 BNS protects judicial proceedings from participation under a false identity.
Its central requirements are:
- False personation;
- Assumption of another’s character;
- An act performed in that assumed character;
- Connection with a suit or criminal prosecution.
The acts expressly mentioned include:
ADMISSION – STATEMENT – JUDGMENT – PROCESS – BAIL – SECURITY – OTHER ACT
According to the supplied comments, the personation must be knowingly undertaken with the intention of deceiving or influencing legal proceedings.
The punishment is:
Up to 3 years / fine / both
The offence is:
Non-Cognizable + Bailable + Magistrate of the First Class
According to the supplied comments:
Section 242 BNS = Section 205 IPC
and the provision has been retained without substantive change.
Final Memory Line
“242 = FALSE IDENTITY + ACT IN THAT IDENTITY + SUIT OR CRIMINAL PROSECUTION.”
- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 243: Fraudulent Removal or Concealment of Property to Prevent Its Seizure as Forfeited or in Execution
Introduction
Section 243 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who fraudulently deals with property in order to keep it out of the reach of lawful seizure.
The section applies where a person fraudulently:
Removes;
Conceals;
Transfers; or
Delivers
any property or any interest in property, intending thereby to prevent that property or interest from being taken:
As forfeiture;
In satisfaction of a fine under a sentence already pronounced or known to be likely to be pronounced; 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 essential idea is:
FRAUDULENT DEALING WITH PROPERTY + INTENT TO DEFEAT LAWFUL SEIZURE = SECTION 243
Q1. What does Section 243 punish?
Answer:
Section 243 punishes a person who fraudulently:
Removes property;
Conceals property;
Transfers property; or
Delivers property to another person;
or similarly deals with an interest in property,
with the intention of preventing that property or interest from being lawfully taken under one of the enforcement processes specified by the section.
Q2. What is the object of Section 243?
Answer:
The object is to prevent a person from putting property beyond the reach of lawful enforcement.
The section protects:
Forfeiture proceedings;
Recovery of fines;
Execution of civil decrees and orders.
Core Principle
PROPERTY CANNOT BE FRAUDULENTLY MOVED OR HIDDEN TO DEFEAT LEGAL ENFORCEMENT
Q3. Which IPC provision corresponds to Section 243 BNS?
Answer:
According to the supplied comments:
Section 243 BNS = Section 206 IPC
Q4. What changes have been made under BNS?
Answer:
According to the supplied comments:
The substantive language remains substantially unchanged;
The phrase:
“Court of Justice”
has been replaced by:
“Court”
The maximum imprisonment has been increased from:
2 years → 3 years
A maximum fine of:
₹5,000
has been fixed.
Q5. Who can commit the offence?
Answer:
The section begins with:
“Whoever”
Therefore, it is a general offence.
No special status is required.
Q6. What are the essential ingredients of Section 243?
Answer:
The essential ingredients are:
There must be property or an interest in property;
The accused fraudulently:
Removes;
Conceals;
Transfers; or
Delivers it;
The accused intends thereby to prevent the property or interest from being lawfully taken;
The intended seizure must relate to:
Forfeiture;
Satisfaction of a fine; or
Execution of a civil decree or order;
Where the sentence or decree/order has not yet been made, the accused must know it is likely to be pronounced or made.
Formula
PROPERTY + REMOVE/CONCEAL/TRANSFER/DELIVER + FRAUD + INTENT TO PREVENT LAWFUL TAKING = 243
Q7. What are the four principal prohibited acts?
Answer:
The section uses four important verbs:
REMOVE
CONCEAL
TRANSFER
DELIVER
Memory
R – C – T – D
Remove – Conceal – Transfer – Deliver
Q8. What does “removes” mean for study purposes?
Answer:
It refers to fraudulently moving property from one place to another in order to keep it beyond the reach of lawful seizure.
Q9. Give an example of fraudulent removal.
Answer:
Suppose A knows that his property is likely to be attached in execution of a civil decree.
A secretly moves the property to another location with the intention of preventing its seizure.
Section 243 may apply.
Q10. What does “conceals” mean?
Answer:
It refers to fraudulently hiding or disguising the existence or location of property so that it cannot readily be taken under lawful process.
Q11. Give an example of fraudulent concealment.
Answer:
Suppose A is liable to pay a fine and hides valuable property so that authorities cannot seize it in satisfaction of the fine.
Section 243 may apply.
Q12. What does “transfers” mean?
Answer:
It refers to fraudulently shifting ownership, control, or an apparent interest in property to another person in order to defeat lawful seizure.
Q13. Give an example of fraudulent transfer.
Answer:
Suppose A expects a civil decree against him and fraudulently transfers his property to B so that the property cannot be taken in execution.
Section 243 may apply.
Q14. What does “delivers to any person” mean?
Answer:
It refers to handing over possession or control of the property to another person for the prohibited purpose.
Q15. Give an example of fraudulent delivery.
Answer:
Suppose A knows his movable property is likely to be seized to satisfy a fine.
A delivers it to B for safekeeping so that authorities cannot take it.
If done fraudulently with the required intention, Section 243 may apply.
Q16. Does Section 243 cover only complete ownership of property?
Answer:
No.
The section expressly covers:
Any property or any interest therein
Therefore, an interest in property is sufficient.
Q17. Why is “interest therein” important?
Answer:
Because a person may attempt to defeat enforcement not only by dealing with the whole property, but also by manipulating a share or interest in that property.
Q18. What is the central mens rea under Section 243?
Answer:
The prohibited conduct must be done:
FRAUDULENTLY
and with the specific intention:
TO PREVENT THE PROPERTY FROM BEING TAKEN
under the specified legal process.
Q19. Is mere removal of property enough?
Answer:
No.
A person may move property for perfectly lawful reasons.
Section 243 requires:
FRAUDULENT REMOVAL + SPECIFIC INTENT TO DEFEAT LAWFUL SEIZURE
Q20. Is concealment for an innocent purpose punishable?
Answer:
No.
The conduct must be fraudulent and must be directed toward preventing the property from being taken under one of the situations covered by the section.
Q21. Is an ordinary sale of property automatically an offence?
Answer:
No.
A genuine transfer in the ordinary course is not automatically punishable.
The transfer must be fraudulent and made with the specified intention to prevent lawful seizure.
Q22. Must the property actually be successfully kept away from authorities?
Answer:
The section focuses on:
“intending thereby to prevent”
Therefore, actual success is not expressly required.
The fraudulent intention is central.
Q23. Must seizure actually have begun?
Answer:
No.
The section also covers situations where the person knows that:
A sentence is likely to be pronounced; or
A decree or order is likely to be made.
Thus, Section 243 can apply to anticipatory fraudulent conduct.
Q24. What are the three kinds of lawful taking covered?
Answer:
The section covers property intended to be protected from:
Forfeiture
Satisfaction of a fine
Execution of a civil decree or order
Memory
FORFEITURE – FINE – CIVIL EXECUTION
Q25. What does the forfeiture branch cover?
Answer:
It covers fraudulent dealing with property intended to prevent it from being taken:
AS A FORFEITURE
Q26. What does the fine branch cover?
Answer:
It covers fraudulent dealing with property to prevent it from being taken:
IN SATISFACTION OF A FINE
under a sentence.
Q27. Must the sentence already have been pronounced?
Answer:
No.
The section covers a sentence:
Already pronounced; or
Which the accused knows is likely to be pronounced.
Q28. Why is this important?
Answer:
It prevents a person from escaping liability by moving or hiding property just before an expected sentence imposing a fine.
Q29. Give an example involving an anticipated fine.
Answer:
Suppose A knows a Court is likely to impose a substantial fine.
Before sentence, A fraudulently transfers his assets to B to prevent seizure for recovery of that fine.
Section 243 may apply.
Q30. What does the civil execution branch cover?
Answer:
It covers property fraudulently dealt with to prevent it from being taken:
IN EXECUTION OF A DECREE OR ORDER MADE BY A COURT IN A CIVIL SUIT
Q31. Must the civil decree or order already exist?
Answer:
No.
The section also covers a decree or order which the accused:
KNOWS TO BE LIKELY TO BE MADE
Q32. Give an example involving an existing decree.
Answer:
A civil decree is made against A.
A then hides his property to prevent execution.
If the hiding is fraudulent and intended to defeat execution, Section 243 may apply.
Q33. Give an example involving an expected decree.
Answer:
A knows that a civil decree is likely to be passed against him.
Before judgment, he fraudulently transfers his property to another person so that it cannot later be attached.
Section 243 may apply.
Q34. Does the section therefore cover both existing and expected enforcement?
Answer:
Yes.
This is a major feature of the provision.
For fines:
PRONOUNCED OR LIKELY TO BE PRONOUNCED
For civil decrees/orders:
MADE OR LIKELY TO BE MADE
Q35. Is actual seizure an ingredient?
Answer:
No.
The purpose of the section is to punish conduct intended to prevent seizure.
Thus, the property need not first have been physically seized.
Q36. Is actual financial loss to another person required?
Answer:
No such requirement is expressly stated in the supplied text.
The focus is on fraudulent dealing with property with the prohibited intention.
Q37. Must the accused be the owner of the property?
Answer:
The provision refers broadly to whoever fraudulently removes, conceals, transfers, or delivers property or an interest therein.
The statutory focus is the fraudulent act and intention rather than formal ownership status alone.
Q38. Is physical possession always required?
Answer:
Not necessarily in every mode.
For example, a fraudulent transfer may concern a legal or beneficial interest rather than merely physical possession.
Q39. Is a false document required?
Answer:
No.
The section does not expressly require fabrication of a document.
The offence may be committed through the fraudulent act itself.
Q40. Can the section apply to transferring property to a friend or relative?
Answer:
Yes, potentially.
The relationship between the parties is not the key issue.
The question is whether the transfer was fraudulent and intended to prevent lawful seizure.
Q41. Can a transfer for genuine consideration still fall outside Section 243?
Answer:
Yes.
A genuine transaction is not automatically criminal.
The prosecution must establish the fraudulent character of the transfer and the specified intention.
Q42. Is mere insolvency enough?
Answer:
No.
A person being unable to pay a debt or fine does not itself amount to Section 243.
The section requires an affirmative fraudulent act such as removal, concealment, transfer, or delivery.
Q43. Is mere fear of execution enough?
Answer:
No.
The accused must actually engage in one of the prohibited fraudulent acts with the required intention.
Q44. What is the punishment under Section 243?
Answer:
The punishment is:
Imprisonment of either description up to 3 years; or
Fine up to ₹5,000; or
Both.
Q45. What does “imprisonment of either description” mean?
Answer:
It means:
Simple imprisonment; or
Rigorous imprisonment.
Q46. What is the maximum imprisonment?
Answer:
3 years
Q47. What is the maximum fine?
Answer:
₹5,000
Q48. What is the classification of Section 243?
Answer:
According to the supplied material:
Non-Cognizable
Bailable
Any Magistrate
Memory
NC + B + ANY MAGISTRATE
Q49. Is Section 243 cognizable?
Answer:
No.
It is:
NON-COGNIZABLE
Q50. Is Section 243 bailable?
Answer:
Yes.
It is:
BAILABLE
Q51. Which Court may try Section 243?
Answer:
According to the supplied classification:
ANY MAGISTRATE
Q52. What is the major punishment change from the IPC provision?
Answer:
According to the supplied comments:
The maximum imprisonment has increased from:
2 YEARS → 3 YEARS
Q53. What change was made regarding fine?
Answer:
According to the supplied comments, a maximum fine of:
₹5,000
has been fixed.
Q54. What terminology has changed under BNS?
Answer:
According to the supplied comments:
“COURT OF JUSTICE” → “COURT”
Q55. How does Section 243 differ from Section 244?
Answer:
These neighbouring provisions should be studied together.
Section 243
The person fraudulently deals with the property itself by:
Removing;
Concealing;
Transferring;
Delivering it.
Memory
MOVE/HIDE PROPERTY
Section 244
The person fraudulently:
Accepts;
Receives;
Claims the property or interest; or
Practises deception concerning rights to it,
while knowing he has no rightful claim.
Memory
FALSELY CLAIM PROPERTY
Core Distinction
243 = DEAL WITH PROPERTY
244 = ASSERT FALSE RIGHT TO PROPERTY
Q56. What is the common purpose of Sections 243 and 244?
Answer:
Both aim to prevent property from being taken through:
Forfeiture;
Recovery of fine;
Civil execution.
The difference is the method used.
Q57. How does Section 243 differ from Section 245?
Answer:
Section 243
Fraudulently remove, conceal, transfer, or deliver property to prevent seizure.
Section 245
Fraudulently cause or suffer a false decree/order to be passed or executed against oneself.
Memory
243 = HIDE PROPERTY
245 = SUFFER FALSE DECREE
Q58. How does Section 243 differ from Section 246?
Answer:
Section 243
Focuses on fraudulent dealing with property to defeat lawful seizure.
Section 246
Focuses on knowingly making a false claim in Court.
Memory
243 = PROPERTY MOVEMENT
246 = FALSE COURT CLAIM
Q59. What is the easiest problem-question test for Section 243?
Answer:
Ask:
Is there property or an interest in property?
Did the accused:
Remove;
Conceal;
Transfer; or
Deliver it?
Was the conduct fraudulent?
Did the accused intend to prevent lawful seizure?
Was the intended seizure connected with:
Forfeiture;
Fine recovery; or
Civil execution?
If the sentence/decree/order did not yet exist, did the accused know it was likely?
Q60. What is the shortest memory formula?
Answer:
“MOVE OR HIDE PROPERTY TO DEFEAT LAWFUL SEIZURE = 243.”
Key Provisions (Study Notes)
1. Subject Matter
The section covers:
PROPERTY
and:
ANY INTEREST THEREIN
2. Four Prohibited Acts
REMOVE
CONCEAL
TRANSFER
DELIVER
Memory
R – C – T – D
3. Mens Rea
The act must be:
FRAUDULENT
4. Special Intention
The accused must intend:
TO PREVENT THE PROPERTY FROM BEING TAKEN
5. Three Enforcement Situations
Forfeiture
Property liable to be taken as forfeited.
Fine
Property liable to be taken in satisfaction of a fine.
Civil Execution
Property liable to be taken in execution of a civil decree or order.
Memory
FORFEITURE – FINE – CIVIL EXECUTION
Existing and Future Enforcement
Sentence
Can be:
Already pronounced; or
Known to be likely to be pronounced.
Civil decree/order
Can be:
Already made; or
Known to be likely to be made.
Memory
EXISTING OR EXPECTED
Essential Ingredients — Rapid Recall
PROPERTY / INTEREST
+
REMOVE / CONCEAL / TRANSFER / DELIVER
+
FRAUD
+
INTENT TO PREVENT TAKING
+
FORFEITURE / FINE / CIVIL EXECUTION
= SECTION 243
Punishment Notes
Section 243 provides:
UP TO 3 YEARS
or:
FINE UP TO ₹5,000
or:
BOTH
Classification Notes
According to the supplied material:
NON-COGNIZABLE
BAILABLE
ANY MAGISTRATE
IPC Equivalent and BNS Changes
According to the supplied comments:
Section 243 BNS = Section 206 IPC
The stated changes are:
“Court of Justice” → “Court”
Maximum imprisonment: 2 years → 3 years
Maximum fine fixed at ₹5,000
Quick Revision Notes
Section
243 BNS
Title
Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
IPC Equivalent
Section 206 IPC
Acts
Remove – Conceal – Transfer – Deliver
Subject Matter
Property or interest in property
Mens Rea
Fraudulently
Intention
Prevent lawful taking
Three Situations
Forfeiture – Fine – Civil Execution
Punishment
Up to 3 years / fine up to ₹5,000 / both
Classification
Non-Cognizable + Bailable + Any Magistrate
BNS Changes
2 years → 3 years; fine ceiling ₹5,000; “Court of Justice” → “Court”
Exam Traps
Trap 1 — Thinking ordinary movement of property is enough
Incorrect.
It must be:
FRAUDULENT
and intended to defeat lawful seizure.
Trap 2 — Forgetting “transfer” and “deliver”
The section is broader than mere removal or concealment.
Remember:
REMOVE – CONCEAL – TRANSFER – DELIVER
Trap 3 — Restricting the section to forfeiture
Incorrect.
It also covers:
FINE + CIVIL EXECUTION
Trap 4 — Thinking the fine must already have been imposed
Incorrect.
A sentence known to be likely to be pronounced is also covered.
Trap 5 — Thinking the civil decree must already exist
Incorrect.
A decree/order known to be likely to be made is also covered.
Trap 6 — Requiring actual successful avoidance of seizure
Incorrect.
The statutory focus is:
INTENDING TO PREVENT
Trap 7 — Requiring actual seizure proceedings to have started
Incorrect.
Anticipatory fraudulent conduct may also be covered.
Trap 8 — Restricting the section to complete ownership
Incorrect.
It also covers:
AN INTEREST IN PROPERTY
Trap 9 — Confusing Section 243 with Section 244
Remember:
243 = MOVE/HIDE/TRANSFER PROPERTY
244 = FALSELY CLAIM PROPERTY
Trap 10 — Writing the old IPC punishment
For BNS, remember:
3 YEARS
not 2 years.
Trap 11 — Forgetting the fine ceiling
Under the supplied BNS text:
₹5,000 MAXIMUM FINE
Rapid Revision Chain: Sections 243–248
243
Fraudulently move or hide property to defeat lawful seizure.
Memory
HIDE PROPERTY
244
Fraudulently claim property without right to defeat seizure.
Memory
FALSE PROPERTY CLAIM
245
Fraudulently suffer false decree against oneself.
Memory
SUFFER FALSE DECREE
246
Knowingly make false claim in Court.
Memory
FALSE COURT CLAIM
247
Fraudulently obtain false decree against another.
Memory
OBTAIN FALSE DECREE
248
Make knowingly groundless criminal charge with intent to injure.
Memory
FALSE CRIMINAL CHARGE
Best Six-Section Memory Sequence
243 = MOVE
244 = CLAIM PROPERTY
245 = SUFFER
246 = CLAIM IN COURT
247 = OBTAIN
248 = ACCUSE
Expanded:
243 = MOVE/HIDE PROPERTY
244 = FALSELY CLAIM PROPERTY
245 = SUFFER FALSE DECREE AGAINST SELF
246 = MAKE FALSE COURT CLAIM
247 = OBTAIN FALSE DECREE AGAINST ANOTHER
248 = MAKE FALSE CRIMINAL CHARGE
Ultimate Memory Formula
SECTION 243
FRAUDULENTLY
REMOVE / CONCEAL / TRANSFER / DELIVER
PROPERTY OR INTEREST
WITH INTENT TO PREVENT
FORFEITURE
OR
SATISFACTION OF FINE
OR
CIVIL EXECUTION
= SECTION 243
Key Takeaway
Section 243 BNS punishes fraudulent dealing with property designed to defeat lawful enforcement.
The prohibited acts are:
REMOVE – CONCEAL – TRANSFER – DELIVER
The property may be:
Property itself; or
An interest in property.
The prohibited purpose is to prevent the property from being taken through:
FORFEITURE – FINE – CIVIL EXECUTION
The provision also reaches anticipatory conduct where the accused knows that a sentence, decree, or order is likely to be pronounced or made.
The punishment is:
Up to 3 years / fine up to ₹5,000 / both
The offence is:
Non-Cognizable + Bailable + Any Magistrate
According to the supplied comments:
Section 243 BNS = Section 206 IPC
with the principal stated BNS changes being:
2 years → 3 years
Fine ceiling fixed at ₹5,000
“Court of Justice” → “Court”
Final Memory Line
“243 = FRAUDULENTLY MOVE, HIDE, TRANSFER OR DELIVER PROPERTY TO DEFEAT FORFEITURE, FINE RECOVERY OR CIVIL EXECUTION.”
- 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.”
- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 245: Fraudulently Suffering Decree for Sum Not Due
Introduction
Section 245 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who fraudulently allows a decree or order to be passed or executed against himself even though the amount, property, or interest claimed is not genuinely due.
The provision is directed at sham or collusive use of judicial decrees and orders. It covers a person who deliberately permits a false or excessive decree to be entered against him, or allows a decree to be executed against him even after it has already been satisfied.
The central idea is:
Fraudulently allowing a decree or order against oneself for something not truly due = Section 245
Q1. What does Section 245 provide?
Answer:
Section 245 punishes a person who fraudulently:
Causes or suffers a decree or order to be passed against himself:
For a sum not due;
For a larger sum than is due;
For property to which the claimant is not entitled; or
For an interest in property to which the claimant is not entitled;
or
Causes or suffers a decree or order to be executed against himself:
After it has already been satisfied; or
For anything in respect of which it has already been satisfied.
Q2. What is the object of Section 245?
Answer:
The section seeks to prevent fraudulent or collusive manipulation of Court decrees and orders.
A person cannot deliberately allow a false or excessive decree to be created against himself in order to:
Benefit another person;
Defeat a genuine creditor;
Divert property;
Manipulate execution proceedings;
Create an artificial liability;
Obtain some fraudulent advantage.
Core Principle
A person cannot use a sham decree against himself as a tool of fraud.
Q3. Which IPC provision corresponds to Section 245 BNS?
Answer:
According to the supplied comments:
Section 245 BNS = Section 208 IPC
Q4. Has Section 245 changed under the BNS?
Answer:
According to the supplied comments:
The language remains unchanged; and
The provision has been retained as it is.
Thus, no substantive change has been identified in the supplied material.
Q5. Who can commit the offence under Section 245?
Answer:
The section begins with:
“Whoever”
Therefore, it is a general offence.
However, the special feature of Section 245 is that the person fraudulently allows the decree or order to be:
Passed or executed against himself
Q6. What is the central mens rea under Section 245?
Answer:
The controlling word is:
“fraudulently”
Therefore, fraudulent intent is essential.
A mere mistake, negligence, or genuine legal dispute is not enough.
Q7. What are the two main branches of Section 245?
Answer:
The section has two broad branches:
Fraudulently causing or suffering a decree/order to be passed against oneself;
Fraudulently causing or suffering a decree/order to be executed against oneself after satisfaction.
Memory
PASS – EXECUTE
Q8. What does “causes or suffers a decree or order to be passed against him” mean?
Answer:
It means that the accused:
Actively causes the decree or order to be passed; or
Knowingly and fraudulently allows it to be passed against himself.
Thus, the provision covers both:
Active procurement
and
Fraudulent submission or allowance
Q9. What does “suffers” mean in this context?
Answer:
For study purposes, “suffers” means knowingly allows or permits the decree or order to be passed against oneself.
The person may not formally initiate the proceeding but fraudulently allows the false liability to be created.
Q10. Why is the phrase “against him” important?
Answer:
Because Section 245 concerns a person who fraudulently permits a false or excessive decree:
Against himself
This is the key distinction from Section 247, where a person fraudulently obtains a decree or order:
Against another person
Q11. What is the first monetary situation covered?
Answer:
The section covers a decree or order passed:
For a sum not due
This means that no money is genuinely owed to the claimant.
Q12. Give an example of a sum not due.
Answer:
Suppose A owes B nothing.
A and B collude, and A fraudulently allows B to obtain a decree against him for ₹5 lakh.
Section 245 may apply.
Q13. What is the second monetary situation covered?
Answer:
The section also applies where the decree or order is for:
A larger sum than is due
Here, some liability may exist, but the decree exceeds the genuine amount owed.
Q14. Give an example of a larger sum than due.
Answer:
Suppose A genuinely owes B ₹1 lakh.
A fraudulently allows B to obtain a decree against him for ₹5 lakh.
The excessive amount falls within Section 245.
Q15. Must the entire decree be false?
Answer:
No.
The section expressly covers a decree for:
A larger sum than is due
Therefore, even where some amount is genuinely owed, fraudulent inflation of the decree may attract the provision.
Q16. Does Section 245 apply only to money claims?
Answer:
No.
The provision also covers:
Property; and
An interest in property.
Q17. What is the property-related branch?
Answer:
The section applies where a person fraudulently causes or suffers a decree or order against himself for:
Property or an interest in property to which the claimant is not entitled
Q18. Give an example involving property.
Answer:
Suppose A owns certain land and B has no right to it.
A fraudulently allows B to obtain a decree declaring B entitled to that land in order to defeat A's genuine creditors.
Section 245 may apply.
Q19. Give an example involving an interest in property.
Answer:
Suppose B has no genuine share in A's property.
A nevertheless fraudulently allows a Court order declaring that B owns a one-half interest in it.
Section 245 may apply.
Q20. What is the second major branch of Section 245?
Answer:
The second branch concerns fraudulent execution of a decree or order:
Against the accused after it has already been satisfied
Q21. What does “satisfied” mean here?
Answer:
It means that the obligation under the decree or order has already been fulfilled.
For example:
Payment has already been made;
Property has already been delivered;
The obligation has otherwise been discharged.
Q22. Why is execution after satisfaction punishable?
Answer:
Because allowing execution after the obligation has been discharged can be used fraudulently to:
Artificially reduce the accused’s property;
Benefit another person;
Defeat creditors;
Create a false appearance of liability.
Q23. Does Section 245 cover partial satisfaction?
Answer:
Yes.
The section also covers execution:
“for anything in respect of which it has been satisfied”
Thus, where part of the decree has already been satisfied, fraudulent execution for that satisfied part may still attract liability.
Q24. Give an example of partial satisfaction.
Answer:
Suppose a decree is for ₹4 lakh and A has already paid ₹3 lakh.
A fraudulently permits execution against himself for the full ₹4 lakh.
The execution concerning the already satisfied ₹3 lakh may fall within Section 245.
Q25. Must the decree have originally been fraudulent?
Answer:
No.
The second branch can apply even where the original decree was valid.
The fraud may arise later when the person allows execution:
After the decree has already been satisfied
Q26. Must actual property be taken in execution?
Answer:
The section focuses on fraudulently causing or suffering the decree or order:
To be executed against him
It does not expressly require that the execution ultimately results in successful recovery.
Q27. Is actual loss to a creditor expressly required?
Answer:
No.
The statutory text does not expressly require actual loss.
The offence focuses on fraudulent causing or suffering of the decree or execution.
Q28. What does the Illustration explain?
Answer:
The Illustration provides:
A institutes a suit against Z;
Z expects A is likely to obtain a decree against him;
Z then fraudulently allows B, who has no just claim against Z, to obtain a decree against him for a larger amount;
The purpose is that B may share in the proceeds of any sale of Z’s property made under A’s decree;
B may benefit either for himself or for Z.
The Illustration concludes that:
Z commits an offence under Section 245
Q29. What is the basic fraud in the Illustration?
Answer:
Z deliberately creates a false or inflated liability in favour of B.
This false decree can then compete with or interfere with A's genuine claim against Z's property.
Q30. Why does Z allow a false decree against himself?
Answer:
According to the Illustration, Z does so so that B may share in the proceeds of the sale of Z's property.
The arrangement may benefit:
B personally; or
Z through B.
Thus, the false decree is being used as a fraudulent device.
Q31. What does the Illustration teach about collusion?
Answer:
It demonstrates how Section 245 can apply to a collusive decree.
A defendant cannot deliberately allow another person with no genuine claim to obtain a decree against him for the purpose of manipulating the distribution of his property.
Q32. Is collusion expressly mentioned in the section?
Answer:
No.
The statutory word is:
Fraudulently
However, the Illustration demonstrates a classic situation of fraudulent collusion.
Q33. Must the person benefiting from the false decree have a genuine claim?
Answer:
No.
Indeed, one of the central situations covered is where the person is:
Not entitled
to the sum, property, or property interest.
Q34. Is a bona fide consent decree automatically criminal?
Answer:
No.
The essential ingredient is fraud.
Parties may lawfully resolve disputes or consent to decrees where there is a legitimate basis.
Section 245 is concerned with fraudulent use of decrees or orders.
Q35. Is a genuine compromise covered merely because one side receives more than originally expected?
Answer:
Not automatically.
A genuine and lawful compromise is different from fraudulently allowing a decree for something not due or not entitled.
The prosecution must establish fraudulent conduct within the wording of Section 245.
Q36. Is negligence sufficient?
Answer:
No.
The section requires:
Fraudulently
A careless failure to contest a proceeding is not automatically a criminal offence.
Q37. Is mere non-appearance in Court sufficient?
Answer:
No.
A person may fail to appear for many reasons.
Section 245 requires that he fraudulently causes or suffers the decree or order to be passed against him for something not genuinely due or entitled.
Q38. Is merely losing a case enough?
Answer:
No.
A decree being passed against a person does not by itself establish Section 245.
There must be fraudulent conduct.
Memory
DECREE AGAINST YOU ≠ SECTION 245
FRAUDULENTLY ALLOW FALSE DECREE AGAINST YOU = SECTION 245
Q39. Does Section 245 require dishonest intention specifically?
Answer:
The supplied text specifically uses:
Fraudulently
Therefore, the prosecution must establish the fraudulent character of the conduct according to the statutory wording.
Q40. Is a decree or order necessary?
Answer:
Yes.
Section 245 specifically deals with:
A decree or order
either being passed or executed against the accused.
Q41. How does Section 245 differ from Section 246?
Answer:
Section 245
Concerns fraudulently allowing a decree or order to be passed or executed:
Against oneself
Memory
FALSE DECREE AGAINST SELF
Section 246
Concerns knowingly making:
A false claim in Court
with fraud, dishonesty, or intent to injure or annoy.
Memory
FALSE CLAIM
Q42. How does Section 245 differ from Section 247?
Answer:
This is one of the most important comparisons.
Section 245
The accused fraudulently causes or suffers a decree/order:
Against himself
for something not due or not entitled.
Section 247
The accused fraudulently obtains a decree/order:
Against another person
for something not due or not entitled.
Memory
245 = FALSE DECREE AGAINST SELF
247 = FALSE DECREE AGAINST ANOTHER
Q43. What is the simplest way to distinguish Sections 245 and 247?
Answer:
Ask:
WHO IS THE DECREE AGAINST?
If the person fraudulently permits it:
Against himself → Section 245
If the person fraudulently obtains it:
Against another → Section 247
Q44. How does the execution branch differ between Sections 245 and 247?
Answer:
Section 245
The accused fraudulently causes or suffers an already satisfied decree to be executed:
Against himself
Section 247
The accused fraudulently causes an already satisfied decree to be executed:
Against another person
Memory
245 = SUFFER EXECUTION
247 = CAUSE EXECUTION
Q45. How does Section 245 differ from Section 248?
Answer:
Section 245
Fraudulent decree/order against oneself.
Section 248
False criminal proceeding or false accusation of an offence with intent to injure and knowledge of absence of lawful ground.
Memory
245 = FALSE DECREE AGAINST SELF
248 = FALSE CRIMINAL CHARGE
Q46. What is the punishment under Section 245?
Answer:
The punishment is:
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 imprisonment?
Answer:
2 years
Q49. Is a specific maximum fine stated?
Answer:
No.
The supplied text provides:
Fine, or both
without specifying a particular monetary ceiling.
Q50. What is the classification under Section 245?
Answer:
According to the supplied classification:
Non-Cognizable
Bailable
Magistrate of the First Class
Memory
NC + B + MFC
Q51. Is Section 245 cognizable?
Answer:
No.
It is:
NON-COGNIZABLE
Q52. Is Section 245 bailable?
Answer:
Yes.
It is:
BAILABLE
Q53. Which Court may try Section 245?
Answer:
According to the supplied classification:
MAGISTRATE OF THE FIRST CLASS
Q54. What is the easiest examination test for Section 245?
Answer:
Ask:
Was there a decree or order?
Was it passed or executed against the accused himself?
Did the accused cause or suffer it?
Was the decree/order for:
A sum not due;
A larger sum than due;
Property not entitled;
An interest in property not entitled?
Alternatively, had the decree/order already been satisfied?
Was the accused acting fraudulently?
Q55. What are the four main subject matters to remember?
Answer:
The decree/order may concern:
Sum not due
Larger sum than due
Property not entitled
Interest in property not entitled
Memory
NO SUM – EXCESS SUM – PROPERTY – PROPERTY INTEREST
Q56. What are the core action words?
Answer:
CAUSE
SUFFER
PASS
EXECUTE
The central idea is fraudulent allowance of judicial liability against oneself.
Q57. What is the most important word in the provision?
Answer:
FRAUDULENTLY
Without fraud, the special criminal character of Section 245 is absent.
Q58. What is the shortest memory formula?
Answer:
“FRAUDULENTLY ALLOW A FALSE DECREE AGAINST YOURSELF = 245.”
Key Provisions (Study Notes)
1. Nature of the Offence
Section 245 deals with:
FRAUDULENT JUDICIAL LIABILITY CREATED AGAINST SELF
2. First Branch — Decree or Order Passed
The accused fraudulently causes or suffers a decree or order to be passed against himself for:
A sum not due;
A larger sum than due;
Property not entitled;
Interest in property not entitled.
3. Second Branch — Decree or Order Executed
The accused fraudulently causes or suffers a decree/order to be executed against himself:
After satisfaction; or
For a part already satisfied.
4. Mens Rea
The conduct must be:
FRAUDULENT
Mere carelessness, mistake, or genuine compromise is insufficient.
Illustration Study Notes
The statutory Illustration shows:
A has a genuine claim against Z;
Z expects A may obtain a decree;
Z fraudulently allows B, who has no just claim, to obtain a larger decree;
The objective is to enable B to share in proceeds of any sale of Z’s property;
The arrangement may benefit B or Z.
Core Lesson
A SHAM DECREE AGAINST SELF MAY BE USED TO DEFEAT OR DILUTE A GENUINE CREDITOR
That is precisely the type of fraud Section 245 seeks to punish.
Punishment Notes
Section 245 provides:
UP TO 2 YEARS
or:
FINE
or:
BOTH
Classification Notes
Section 245 is:
NON-COGNIZABLE
BAILABLE
MAGISTRATE OF THE FIRST CLASS
Memory
NC + B + MFC
IPC Equivalent and BNS Position
According to the supplied comments:
Section 245 BNS = Section 208 IPC
The supplied comments state that:
The language remains unchanged;
The provision has been retained as it is.
Difference Between Sections 245, 246 and 247
Section 245 — False Decree Against Self
The person fraudulently allows a decree/order:
AGAINST HIMSELF
Memory
SUFFER FALSE DECREE
Section 246 — False Claim in Court
The person knowingly makes:
A FALSE CLAIM IN COURT
with the required wrongful mental state.
Memory
MAKE FALSE CLAIM
Section 247 — False Decree Against Another
The person fraudulently obtains or executes a decree/order:
AGAINST ANOTHER PERSON
Memory
OBTAIN FALSE DECREE
Three-Section Core Memory
245 = SUFFER FALSE DECREE
246 = MAKE FALSE CLAIM
247 = OBTAIN FALSE DECREE
Even Simpler Comparison
245
AGAINST SELF
246
CLAIM IN COURT
247
AGAINST ANOTHER
Quick Revision Notes
Section
245 BNS
Title
Fraudulently suffering decree for sum not due
IPC Equivalent
Section 208 IPC
First Act
Fraudulently cause or suffer decree/order to be passed against oneself.
Subject Matter
Sum not due;
Larger sum than due;
Property not entitled;
Interest in property not entitled.
Second Act
Fraudulently cause or suffer decree/order to be executed against oneself after satisfaction.
Mens Rea
Fraudulently
Punishment
Up to 2 years / fine / both
Classification
Non-Cognizable + Bailable + Magistrate First Class
BNS Change
None stated in the supplied comments.
Exam Traps
Trap 1 — Thinking every decree against a person attracts Section 245
Incorrect.
The person must:
FRAUDULENTLY CAUSE OR SUFFER IT
Trap 2 — Forgetting that the decree is against the accused himself
This is the defining feature.
245 = AGAINST SELF
Trap 3 — Thinking the entire amount must be false
Incorrect.
The section covers:
A LARGER SUM THAN IS DUE
Trap 4 — Restricting the section to money
Incorrect.
It also covers:
Property;
Interest in property.
Trap 5 — Forgetting execution after satisfaction
Even a valid original decree can later be fraudulently executed after satisfaction.
Trap 6 — Thinking only full satisfaction counts
Incorrect.
The section also covers anything:
IN RESPECT OF WHICH IT HAS BEEN SATISFIED
Trap 7 — Treating a genuine consent decree as automatically criminal
Incorrect.
Fraud is essential.
Trap 8 — Treating mere failure to contest as sufficient
Incorrect.
The accused must fraudulently suffer the decree.
Trap 9 — Confusing Section 245 with Section 247
Remember:
245 = DECREE AGAINST SELF
247 = DECREE AGAINST ANOTHER
Trap 10 — Confusing Section 245 with Section 246
Remember:
245 = SUFFER DECREE
246 = MAKE FALSE CLAIM
Rapid Revision Chain: Sections 245–248
245
Fraudulently allow false/excessive decree against oneself.
Memory
SUFFER FALSE DECREE
246
Knowingly make false claim in Court.
Memory
FALSE CLAIM
247
Fraudulently obtain or execute decree/order against another for something not due.
Memory
OBTAIN FALSE DECREE
248
Knowingly institute false criminal proceeding or charge with intent to injure.
Memory
FALSE CRIMINAL CHARGE
Best Four-Section Memory Sequence
245 = SUFFER
246 = CLAIM
247 = OBTAIN
248 = ACCUSE
Or more fully:
245 = SUFFER FALSE DECREE AGAINST SELF
246 = MAKE FALSE CLAIM
247 = OBTAIN FALSE DECREE AGAINST ANOTHER
248 = MAKE FALSE CRIMINAL CHARGE
Ultimate Memory Formula
SECTION 245
FRAUDULENTLY
+
CAUSE OR SUFFER DECREE/ORDER AGAINST YOURSELF
FOR
SUM NOT DUE
LARGER SUM THAN DUE
PROPERTY NOT ENTITLED
INTEREST IN PROPERTY NOT ENTITLED
OR
CAUSE/SUFFER EXECUTION AFTER SATISFACTION
= SECTION 245
Shortest Memory Rule
“FRAUDULENTLY LET A FALSE DECREE BE PASSED OR EXECUTED AGAINST YOURSELF = 245.”
Key Takeaway
Section 245 BNS punishes a person who fraudulently creates or allows a false judicial liability against himself.
It covers:
A decree or order for:
A sum not due;
A larger sum than due;
Property not entitled;
An interest in property not entitled;
Fraudulent execution against the accused after the decree/order has already been fully or partly satisfied.
The statutory Illustration demonstrates the classic situation: a debtor fraudulently permits a sham creditor to obtain a false decree so that the sham creditor may share in proceeds that would otherwise go toward satisfaction of a genuine creditor’s decree.
The core mens rea is:
FRAUDULENTLY
The punishment is:
Up to 2 years / fine / both
The offence is:
Non-Cognizable + Bailable + Magistrate of the First Class
According to the supplied comments:
Section 245 BNS = Section 208 IPC
and the provision has been retained without substantive change.
Final Memory Line
“245 = FRAUD + FALSE DECREE AGAINST SELF + NOT DUE/EXCESS/NO ENTITLEMENT OR EXECUTION AFTER SATISFACTION.”