Section 343 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a clear summary of Section 343 of the Bharatiya Nyaya Sanhita, 2023:
📄 Offence Defined
Under Section 343, the following acts are criminal offences when done fraudulently or dishonestly or with the intent to injure someone:
Cancelling
Destroying
Defacing
Attempting to cancel/destroy/deface
Secretly hiding or attempting to hide
Causing mischief to
any document that is or appears to be:
A will
An authority to adopt a son
Any valuable security (sudhirrao.com)
🏛️ Punishment
The law prescribes:
Life imprisonment, or
Imprisonment (rigorous or simple) for up to 7 years, and
📚 Legal Context
Found in Chapter XVIII: Offences relating to documents and property marks (
A serious offence, it applies even to unsuccessful attempts or secret suppression of documents
📝 Important Notes
Scope: Applies to both physical and electronic documents, thanks to the broad definition of “document” .
Intent matters: The act must be dishonest, fraudulent, or intended to cause harm. A genuine mistake will not suffice .
🛂 Comparison with IPC
While held within the Bharatiya Nyaya Sanhita, no direct equivalent exists in the IPC 1860, which makes this provision distinct and novel (sudhirrao.com).
✅ Quick Recap Table
| Element | Details |
|---|---|
| What’s prohibited | Fraudulent destruction/defacement/secreting of a will, adoption document, or valuable security |
| Penalty | Life imprisonment or up to 7 years + fine |
| Applicability | Includes attempts, mischief, electronic documents |
| Location in Act | Chapter XVIII – Documents & Property Marks |
✔️ Why it matters
Section 343 protects individuals’ rights and legal certainty by penalizing anyone who tampers with critical documents like wills or adoption papers. Such interference could drastically alter legal outcomes concerning inheritance or guardianship.
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