Section 244: Claiming Property Without Right to Prevent Seizure as Forfeiture

Bharatiya Nyaya Sanhita • Chapter XII: Of Contempts of Lawful Authority of Public Servants • Official Statutory Text & Legal Guide

Chapter XII: Of Contempts of Lawful Authority of Public Servants
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 207 IPC

Legal Commentary & Landmark Judgments: Section 244

Section 244 punishes fraudulently claiming property without right in order to prevent its lawful seizure as forfeiture or in execution of a decree.

  • Impending Execution Seizure: Property attached or about to be seized by lawful court authority.
  • False Claim of Right: Fraudulently claiming the property or any interest therein, knowing that no valid right exists.
  • Intent to Defeat Seizure: Designed to obstruct the execution of a decree or penal forfeiture.
Key Landmark Precedents:
  • Desh Bandhu Gupta v. N.L. Anand (1994) 1 SCC 131: The Supreme Court condemned the practice of setting up fictitious third-party objectors to frustrate execution of court decrees.
  • State of Maharashtra v. K.A. Kunchindammed (2002) 9 SCC 90: Held that bogus ownership claims over contraband or attached timber to stall confiscation constitutes a penal offence.
Courtroom Practice & Strategic Litigation Guidance:

File an application under Order XXI Rule 97-101 CPC or Section 86 BNSS showing the claimant has no title deeds, tax receipts, or bank trail, and pray for immediate prosecution under Section 244.