Section 343 BNS: Fraudulently Destroying or Defacing Will, Authority to Adopt or Valuable Security (Formerly Section 477 IPC)

Section 343 of Bharatiya Nyaya Sanhita: Fraudulently Destroying or Defacing Will, Authority to Adopt or Valuable Security

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect of such document, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Legal Commentary & Landmark Judgments: Section 343

Section 343 penalises fraudulently or dishonestly canceling, destroying, defacing, or obliterating any will, authority to adopt a son, or any valuable security, or committing mischief in respect thereof.

Will or Valuable Security: Last will and testament, codicil, adoption deed, title deed, or negotiable security.
Act of Destruction or Defacement: Tearing, burning, erasing signatures, or shredding.
Fraudulent Intent: Done with intent to cause wrongful loss to beneficiaries or defeat inheritance.

Key Landmark Precedents:

S.P. Chengalvaraya Naidu v. Jagannath (1994) 1 SCC 1: The Supreme Court condemned the fraudulent suppression or destruction of registered release deeds and wills to engineer bogus partition claims.
Kameswaramma v. Radhakrishna Murthy (1963) 3 SCR 359: Affirmed that destroying original title documents to cloud legal rights is criminal fraud.

Courtroom Practice & Strategic Litigation Guidance:

Produce registration office certified copies of the destroyed will under Section 57/60 BSA. Call the sub-registrar and attesting witnesses to prove execution prior to destruction.

Section 343: Fraudulently Destroying or Defacing Will, Authority to Adopt or Valuable Security

Section 343 of Bharatiya Nyaya Sanhita: Fraudulently Destroying or Defacing Will, Authority to Adopt or Valuable Security

Legal Commentary & Landmark Judgments: Section 343