Legal provisions regarding Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security under section 477 of Indian Penal Code, 1860.
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, or an authority to adopt a son, or any valuable security, or commits mischief with respect to 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.”
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Section 477 criminalises fraudulent or dishonest cancellation, destruction, or defacing of valuable security, will, or an authority to adopt or attempts threat or secreting or attempting to secret them or mischief in respect thereof. Owing to the great importance of these documents and the severe consequences of their cancellation, destruction etc. Section 477 provides severe punishment.
The expression ‘document’ used in Section 477 is a genuine document. The offence defined in Section 477 cannot be committed in connection with a document which is forged.
The offence under Section 477 is non-cognizable, and warrant should issue. It is non-bailable, non-compoundable and triable by a Magistrate of the first class.