Bharatiya Nyaya Sanhita, 2023
BNS Section 322
Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
In one line
BNS Section 322 deals with dishonest or fraudulent execution of deed of transfer containing false statement of consideration and replaces IPC 423.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 322 | Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration. | Imprisonment for 3 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 322
322. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.
Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
What changed from the IPC
- IPC 423 → BNS 322: Upper limit of imprisonment is increased from two years to three years.
Frequently asked
What was BNS Section 322 in the IPC?
BNS Section 322 (Dishonest or fraudulent execution of deed of transfer containing false statement of consideration) replaces Section 423 of the Indian Penal Code, 1860. IPC 423 is now BNS 322.
What is the punishment under BNS 322?
Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration – punishable with imprisonment of either description for a term which may extend to three 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 322 bailable?
Bailable: BNS 322. 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 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 321 — Dishonestly or fraudulently preventing debt being available for creditors
- 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
- BNS 327 — Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden