BNS Section 320- Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors | Bharatiya Nyaya Sanhita 2023
Hello readers! Today, we are going to break down Section 320 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.
Bare Act Text
Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.—Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to two years, or with fine, or with both.
Procedural Details
Punishment
Imprisonment up to Two Year(s) + Fine
Nature of Offense
Non-cognizable
Bail Eligibility
Bailable
Compoundability
Non-Compoundable (Refer to BNSS 359 for exceptions)
Trial Court
Any Magistrate
Frequently Asked Questions about BNS Section 320
What is Section 320 of the Bharatiya Nyaya Sanhita (BNS)?
According to the official bare act, this legal offense is defined as: Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.—Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to two years, or with fine, or with both.
What is the punishment under BNS Section320 ?
The punishment for this specific offense is outlined under the new law as: Imprisonment up to Two Year(s) + Fine
Is BNS Section 320 bailable or non-bailable?
Under the new legal framework, this specific offense is classified as a Bailableoffense.
Is BNS Section 320 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isNon-cognizable.
Which court has the jurisdiction to try cases under BNS Section 320 ?
Cases pertaining to this specific BNS section are triable by the Any Magistrate.
Can BNS Section 320 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).
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