What Is BNS Section 322?

Bharatiya Nyaya Sanhita, 2023 - Section 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.

Brief Detail

BNS Section 322 addresses the execution of deeds or instruments related to property transfers that include false statements. This section aims to protect the integrity of property transactions by penalizing dishonesty in the declaration of considerations or beneficiaries involved.

Question & Answers

Q1: What actions are considered under Section 322?

A1: Signing or executing any deed that falsely states the consideration for a property transfer or misrepresents the intended beneficiaries constitutes an offence under this section.

Q2: What are the penalties for violating Section 322?

A2: Violators may face imprisonment for up to three years, a fine, or both, depending on the severity of the offence.

Q3: Why is this section important in property transactions?

A3: Section 322 protects against fraudulent practices that can undermine the legitimacy of property transfers, ensuring that all parties involved are fully informed and that the transaction is conducted fairly.

Example

Example Scenario:

If a person executes a property transfer deed stating a false purchase price to evade taxes or mislead other parties, this act would be classified as a violation of Section 322.

Summary

BNS Section 322 outlines the legal implications for dishonestly executing property transfer deeds that include false statements, thus safeguarding the integrity of property transactions and ensuring accountability among parties involved.