IPC Section 491
Section 491 IPC – Fraudulent cancellation, destruction, etc., of will, etc.
This section deals with interfering with a legal document like a will, codicil, or other testamentary instruments with fraudulent intent.
Main Provision
Whoever fraudulently destroys, cancels, mutilates, or falsifies a will, codicil, or other testamentary document or any part of it, with the intent to cause damage or injury, shall be punished under this section.
Key Elements
The Document
It applies to wills, codicils, or other testamentary documents, which are legal documents expressing a person’s wishes regarding their property after death.
Fraudulent Intent
The act must be intentional and dishonest.
For example, if someone accidentally damages a will, Section 491 IPC does not apply.
Types of Acts Covered
Destroying the document entirely.
Cancelling it (striking out text).
Mutilating (damaging in part).
Falsifying (altering content or forging).
Purpose
The act must be done to cause damage, harm, or loss to someone’s property or rights.
Punishment
Imprisonment for up to 2 years, or
Fine, or
Both.
Purpose of Section 491
Protects the integrity of testamentary documents.
Ensures that people cannot tamper with someone’s will or codicil to gain property fraudulently.
Example
Suppose a person alters the will of a deceased relative to claim more inheritance.
Even if they don’t succeed in gaining property, the act itself is punishable under Section 491 IPC.
✅ In short:
Section 491 IPC punishes anyone who fraudulently destroys, cancels, mutilates, or falsifies a will, codicil, or testamentary document with intent to cause damage.
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