Section 323 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here's a clear, precise summary of Section 323 of the Bharatiya Nyaya Sanhita, 2023 (BNS), found in Chapter XVII – Offences Against Property:
🛡️ Section 323 – Dishonest or Fraudulent Removal or Concealment of Property
⚖️ Offence
An individual commits this offence if they:
Dishonestly or fraudulently:
Conceal or remove any property (their own or another’s),
Assist in the concealment or removal,
Or dishonestly release any demand or claim they’re legally entitled to. (sudhirrao.com)
🏛️ Penalty
Imprisonment (simple or rigorous) up to 3 years,
Fine,
Or both.
🔍 Key Components
Mental element: The act must be committed with dishonest or fraudulent intent.
Scope of conduct:
Taking or hiding property,
Helping others do so,
Or giving up a lawful claim with dishonest motives.
Who can be liable: Anyone—whether property belongs to themselves or others.
Non-trivial scope: This covers a broad range of stealthy, dishonest conduct.
🧭 Legal Context & Analogues
Replaces IPC Section 421 with modernized language and framework. (prsindia.org, citizen.complainthub.org, facebook.com)
Paired with Sections 320–322, which govern other forms of fraudulent behaviour involving property.
Classified as a cognizable, bailable, non-compoundable offence, typically triable by a Magistrate. (lawrato.com)
📝 Example Case
A tenant secretly moves household items out to conceal them from creditors, or a person hands over rightful inheritance documents to delay its lawful distribution—both may fall under Section 323.
📋 Summary Table
| Element | Details |
|---|---|
| Offence | Sneaky theft/ concealment or aiding same, or dishonest release of claim |
| Punishment | Up to 3 yrs imprisonment (simple/rigorous), or fine, or both |
| Intent | Must be dishonest/fraudulent |
| Cognizability | Yes (police can act without warrant) |
| Bail Status | Bailable |
| Triable By | Any Magistrate |
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