Bharatiya Nyaya Sanhita, 2023
BNS Section 323
Dishonest or fraudulent removal or concealment of property
In one line
BNS Section 323 deals with dishonest or fraudulent removal or concealment of property and replaces IPC 424.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 323 | Fraudulent removal or concealment of property, of himself or any other person or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is entitled. | 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 323
323. Dishonest or fraudulent removal or concealment of property.
Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, 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 424 → BNS 323: Upper limit of imprisonment is increased from two years to three years.
Frequently asked
What was BNS Section 323 in the IPC?
BNS Section 323 (Dishonest or fraudulent removal or concealment of property) replaces Section 424 of the Indian Penal Code, 1860. IPC 424 is now BNS 323.
What is the punishment under BNS 323?
Fraudulent removal or concealment of property, of himself or any other person or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is entitled – 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 323 bailable?
Bailable: BNS 323. 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 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 322 — Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
- 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
- BNS 328 — Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc