What is IPC Section 207?
IPC Section 207 sits in Chapter XI of the Indian Penal Code, "Of False Evidence and Offences Against Public Justice," within the cluster addressing fraudulent evasion of judicial process (Sections 206–210). Where Section 206 punishes physically removing or concealing property to prevent its seizure, Section 207 addresses the related but distinct tactic of fraudulently claiming property, or an interest in it, to achieve the same evasive effect — typically by manufacturing a false ownership claim rather than physically hiding the asset.
This provision safeguards the practical value of court judgments and orders. Without a criminal deterrent against fraudulent property claims specifically aimed at frustrating forfeiture or execution, a judgment creditor's or the state's ability to actually enforce a lawful decree, fine, or forfeiture would be significantly undermined by anyone willing to fabricate a competing claim of ownership at the crucial moment.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 207 IPC now corresponds to Section 244 of the BNS, which retains the same substantive scope and punishment, updating the phrase "Court of Justice" to "Court."
Legal Provision — Text of Section 207 IPC
This provision must be read together with Section 206, its companion offence addressing physical removal or concealment of property (rather than a fraudulent claim to it), and Section 208, which addresses the related scenario of fraudulently suffering a decree for a sum not due. Together, these provisions form a comprehensive scheme protecting the enforceability of court judgments and orders against various evasion tactics.
Punishment Under Section 207
| Punishment | Imprisonment of either description up to 2 years, or fine, or both |
|---|---|
| Nature of Offence | Non-cognizable — police generally require a Magistrate's order to investigate or arrest |
| Bailable / Non-Bailable | Bailable — bail is a matter of right |
| Compoundable | Non-compoundable |
| Triable By | Any Magistrate |
Despite the potential for significant financial harm to a judgment creditor or the state's ability to enforce a fine or forfeiture, this offence remains bailable and non-cognizable, reflecting the Code's general classification approach for offences against public justice that fall short of the most severe categories — though the underlying civil consequences of a fraudulent claim can be substantial and separately pursued.
Key Ingredients / Essential Elements
Fraudulently accepting, receiving, or claiming property, or practising deception regarding it
The accused must have fraudulently accepted, received, or claimed property or an interest in it, or practised deception touching any right to property.
Knowledge of having no right or rightful claim
The accused must have known that they had no genuine right or rightful claim to the property or interest in question.
Intent to prevent forfeiture, fine satisfaction, or execution
The act must have been done intending to prevent the property from being taken as forfeiture or in satisfaction of a fine (under an actual or likely court sentence), or from being taken in execution of a civil decree or order (actual or likely).
What Should You Do — For Victims and For the Accused
If a Fraudulent Property Claim Is Blocking Your Decree's Execution
- Gather evidence of the fraudulent nature of the claim — for example, the timing relative to the judgment, the relationship between the parties, and any absence of genuine consideration or prior ownership indicators.
- Alert the executing court to the suspected fraudulent claim, since it may need to address this within the execution proceedings themselves.
- File a complaint before the appropriate Magistrate, since the offence is non-cognizable.
- Consult a lawyer about pursuing both this criminal complaint and any available civil remedies to set aside the fraudulent claim or transfer.
If You Are Accused Under Section 207
- Consult a criminal lawyer promptly to assess whether your claim to the property was genuine, and supported by real evidence of ownership or interest.
- Gather evidence establishing the bona fide nature of your claim, including documentation predating any court proceeding, and any legitimate consideration paid.
- Being bailable, you are entitled to bail as a matter of right.
- Work with your lawyer to address both this criminal complaint and any related civil execution or forfeiture proceedings your claim may be affecting.
How Section 207 Relates to Neighbouring Provisions
- Section 206 punishes fraudulent removal or concealment of property to prevent its seizure — the physical-evasion counterpart to Section 207's claim-based evasion.
- Section 207 (this section) punishes fraudulently claiming property, or deceiving regarding a right to it, for the same evasive purpose.
- Section 208 punishes fraudulently suffering (allowing) a decree to be passed against oneself for a sum not due, or greater than actually due.
- Section 210 punishes fraudulently obtaining a decree for a sum not due — the parallel offence from the perspective of the party obtaining, rather than resisting, execution.