Section 207 IPC: Fraudulent Claim to Property to Prevent Seizure
Section 207 of the Indian Penal Code, 1860 punished specified fraudulent dealings or claims concerning property where the object was to prevent the property or an interest in it from being taken as forfeiture, in satisfaction of a fine, or in execution of a civil decree or order.
Section 207 IPC - meaning and scope
The section applied to a person who fraudulently accepted, received or claimed property, or an interest in property, knowing that the person had no right or rightful claim to it. It also covered practising deception concerning a right to property or an interest in it.
The conduct had to be accompanied by an intention to prevent the property or interest from being taken as forfeiture, in satisfaction of a fine, or in execution of a decree or order within the circumstances described by Section 207.
Essential ingredients of Section 207 IPC
- There must be property or an interest in property.
- The accused must fraudulently accept, receive or claim that property or interest, or practise deception touching a right to it.
- Where the case concerns acceptance, receipt or claim, the accused must know that he has no right or rightful claim to the property or interest.
- The conduct must be intended to prevent the property or interest from being taken as forfeiture, in satisfaction of a fine, or in execution of a decree or order.
- The relevant sentence, decree or order may already exist or may be one which the accused knows is likely to be pronounced or made.
Fraudulent acceptance, receipt or claim
Section 207 was not directed at a genuine dispute over ownership merely because property was exposed to execution or forfeiture. Its language required fraudulent conduct and, for acceptance, receipt or claim, knowledge that the person had no right or rightful claim to the property or interest. These requirements distinguish the offence from a bona fide assertion of a property right.
Deception touching a right to property
The provision was broader than a direct false claim. It also expressly covered practising any deception touching any right to property or any interest in property, provided the deception was accompanied by the prohibited intention described in the section.
Purposes Section 207 sought to prevent
| Protected process | Statutory setting |
|---|---|
| Forfeiture | Preventing property or an interest from being taken as forfeiture under a sentence pronounced, or known to be likely to be pronounced, by a Court of Justice or other competent authority. |
| Satisfaction of fine | Preventing the property from being taken in satisfaction of a fine under such a sentence. |
| Civil execution | Preventing property from being taken in execution of a decree or order already made, or known to be likely to be made, by a Court of Justice in a civil suit. |
Punishment under Section 207 IPC
| Provision | Punishment |
|---|---|
| Section 207 IPC | Imprisonment of either description for a term which may extend to two years, or fine, or both. |
Section 206 and Section 207 IPC compared
Section 206 IPC dealt with fraudulent removal, concealment, transfer or delivery of property or an interest in it for the prohibited purpose. Section 207 addressed the other side of such interference by covering fraudulent acceptance, receipt or claim to property, as well as deception touching a right to property, subject to its statutory requirements.
Relationship with civil execution
The reference to execution in Section 207 concerned a decree or order made by a Court of Justice in a civil suit, including one which the accused knew was likely to be made. The criminal provision therefore protected the effectiveness of lawful civil execution against fraudulent property claims or deception designed to keep assets outside the process.
Practical summary
Section 207 IPC protected forfeiture, fine-recovery and civil-execution processes from fraudulent claims or deception concerning property. The existence of a property claim alone was not the statutory test: the section required the particular fraudulent conduct, knowledge and intention specified in its language.