Section 477 IPC: Fraudulent Cancellation, Destruction or Concealment of Will or Valuable Security
Section 477 of the Indian Penal Code, 1860 dealt with fraudulent or dishonest interference with a will, an authority to adopt, or a valuable security, including cancellation, destruction, defacement, concealment, attempts to do those acts, and mischief in respect of such a document.
Section 477 IPC - statutory provision
Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.
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, an authority to adopt a son, or any valuable security, or commits mischief in respect of such document, is punishable under Section 477.
Essential ingredients of Section 477 IPC
- The subject must be a document which is or purports to be a will, an authority to adopt a son, or a valuable security.
- The accused must cancel, destroy, deface or secrete the document, attempt any of those acts, or commit mischief in respect of it.
- The conduct must be fraudulent or dishonest, or be accompanied by intent to cause damage or injury to the public or to any person.
Meaning of valuable security under IPC
Section 30 IPC defined "valuable security" as a document which is, or purports to be, a document whereby a legal right is created, extended, transferred, restricted, extinguished or released, or whereby a person acknowledges that he is under a legal liability or does not have a certain legal right.
Fraudulently, dishonestly, damage and injury
Section 477 expressly required a specified culpable mental element. The prohibited act had to be done fraudulently or dishonestly, or with intent to cause damage or injury to the public or any person. The provision therefore did not make every physical loss, alteration or destruction of such a document an offence irrespective of intent.
Attempts and concealment are expressly covered
The section was not confined to completed destruction. It expressly included an attempt to cancel, destroy or deface the document, as well as secreting or attempting to secrete it. It also extended to committing mischief in respect of the specified document.
Punishment under Section 477 IPC
The punishment was imprisonment for life, or imprisonment of either description for a term which could extend to seven years, and the offender was also liable to fine.
Historical amendment: Act 26 of 1955 substituted "imprisonment for life" for the former expression "transportation for life", with effect from 1 January 1956.
Nature of the offence under the pre-BNSS CrPC
| Particular | Pre-BNS / pre-BNSS position |
|---|---|
| Provision | Section 477, Indian Penal Code, 1860 |
| Offence | Fraudulent cancellation, destruction, defacement or concealment of a will, authority to adopt, or valuable security |
| Punishment | Imprisonment for life, or imprisonment up to seven years, and fine |
| Cognizability | Non-cognizable |
| Bail | Non-bailable |
| Trial | Magistrate of the first class, subject to applicable State amendments |
Difference between Sections 477 and 477A IPC
Section 477 protected specified important documents such as wills and valuable securities from fraudulent cancellation, destruction, defacement or concealment. Section 477A IPC, by contrast, dealt with wilful falsification of specified books, electronic records, papers, writings, valuable securities or accounts by a clerk, officer, servant, or a person acting in that capacity, with intent to defraud.
Key point
Section 477 focused on deliberate interference with documents carrying significant legal consequences. Liability depended both on the nature of the document and on the fraudulent, dishonest or injurious intent specified by the section.