Bharatiya Nyaya Sanhita, 2023
BNS Section 320
Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
In one line
BNS Section 320 deals with dishonest or fraudulent removal or concealment of property to prevent distribution among creditors and replaces IPC 421.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 320 | Fraudulent removal or concealment of property, etc., to prevent distribution among creditors. | Imprisonment of not be less than 6 months but which may extend to 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 320
320. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.
Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to two years, or with fine, or with both.
What changed from the IPC
- IPC 421 → BNS 320: Minimum mandatory punishment for imprisonment of six months has been introduced.
Frequently asked
What was BNS Section 320 in the IPC?
BNS Section 320 (Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors) replaces Section 421 of the Indian Penal Code, 1860. IPC 421 is now BNS 320.
What is the punishment under BNS 320?
Fraudulent removal or concealment of property, etc., to prevent distribution among creditors – punishable with imprisonment of either description for a term which shall not be less than six months but which may extend to two years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.
Is BNS 320 bailable?
Bailable: BNS 320. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 315 — Dishonest misappropriation of property possessed by deceased person at the time of his death
- BNS 316 — Criminal breach of trust
- BNS 317 — Stolen property
- BNS 318 — Cheating
- BNS 319 — Cheating by personation
- BNS 321 — Dishonestly or fraudulently preventing debt being available for creditors
- BNS 322 — Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
- BNS 323 — Dishonest or fraudulent removal or concealment of property
- BNS 324 — Mischief
- BNS 325 — Mischief by killing or maiming animal