Legal Provisions of Section 207 of Indian Penal Code, 1860.
Fraudulent claim to property to prevent its seizure as forfeited or in execution:
ADVERTISEMENTS:
While section 206 deals with fraudulent removal or concealment of property, this section punishes fraudulent claim to property to prevent its seizure as forfeited property or in execution of a decree or order. The section states that whoever with intention to defraud either accepts, receives or claims any property or any interest in that property, with the knowledge that he does not have a right or rightful claim to such property or interest, or practices any deception touching any right to any property or any interest therein, with the intention thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a pronounced sentence, or about which he has knowledge that it is likely to be pronounced by a court of justice or other competent authority, or from being taken in execution of a decree or order which has been made, or about which he has knowledge that it is likely to be made by a court of justice in a civil suit, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine or with both.
Under this section the acceptance, receipt or claim of any property or any interest therein must be fraudulent, or deception must be practised touching any right to any property or any interest therein. The accused must know that he has no right or rightful claim to such property or interest.
Image Source: cdn.shareyouressays.com
There must be an intention on his part to prevent that property or such interest from being taken as a forfeiture or in satisfaction of a fine, under an already pronounced judgment, or is likely to be pronounced judgment within the knowledge of the accused, by a court of justice or other competent authority. If such is not the intention, then the intention must be to prevent that property or such interest from being taken in execution of a decree or order which has been made, or which he knows is likely to be made, by a court of justice in a civil suit.
The offence under this section is a non-cognizable, bailable and non-compoundable, and is triable by metropolitan magistrate or magistrate of the first or second class.