Bharatiya Nyaya Sanhita, 2023
BNS Section 321
Dishonestly or fraudulently preventing debt being available for creditors
In one line
BNS Section 321 deals with dishonestly or fraudulently preventing debt being available for creditors and replaces IPC 422.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 321 | Dishonest or fraudulently preventing from being made available for his creditors a debt or demand due to the offender. | Imprisonment for 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 321
321. Dishonestly or fraudulently preventing debt being available for creditors.
Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Frequently asked
What was BNS Section 321 in the IPC?
BNS Section 321 (Dishonestly or fraudulently preventing debt being available for creditors) replaces Section 422 of the Indian Penal Code, 1860. IPC 422 is now BNS 321.
What is the punishment under BNS 321?
Dishonest or fraudulently preventing from being made available for his creditors a debt or demand due to the offender – punishable with imprisonment of either description for a term 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 321 bailable?
Bailable: BNS 321. 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 316 — Criminal breach of trust
- BNS 317 — Stolen property
- BNS 318 — Cheating
- BNS 319 — Cheating by personation
- BNS 320 — Dishonest or fraudulent removal or concealment of property to prevent distribution among 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
- BNS 326 — Mischief by injury, inundation, fire or explosive substance, etc