BNS Section 323- Dishonest or fraudulent removal or concealment of property | Bharatiya Nyaya Sanhita 2023

Hello readers! Today, we are going to break down Section 323 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.—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.

Procedural Details

Punishment

Imprisonment up to Three Year(s) + Fine

Nature of Offense

Cognizable

Bail Eligibility

Non-bailable

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

Magistrate First Class

Frequently Asked Questions about BNS Section 323

According to the official bare act, this legal offense is defined as: 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.
The punishment for this specific offense is outlined under the new law as: Imprisonment up to Three Year(s) + Fine
Under the new legal framework, this specific offense is classified as a Non-bailableoffense.
The legal status regarding police arrest without a warrant is that this offense isCognizable.
Cases pertaining to this specific BNS section are triable by the Magistrate First Class.
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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