Legal Provisions of Section 477 of Indian Penal Code, 1860.
Fraudulent cancellation, destruction etc., of will, authority to adopt, or valuable security:
This section punishes fraudulent or dishonest cancellation, destruction etc. of will, authority to adopt, or valuable security. It says that whoever either fraudulently or dishonestly, or with the intention of causing damage or injury either to the public or to any person, either cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or which purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect to such document, shall be punished with imprisonment for life, or with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine.
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ADVERTISEMENTS:
The section requires that the offender must have fraudulent or dishonest intention, or intention to cause damage or injury to the public or to any person. With such intention he must cancel, destroy or deface, or attempt to cancel, attempt to destroy, or attempt to deface, or must secrete or attempt to secrete any document which is or which purports to be a will, or an authority to adopt a son, or any valuable security, or must commit mischief in respect of such document. The Calcutta High Court has held that a document under this section must be a genuine document and, therefore, this offence cannot be committed in respect of such a document which is a forgery.
The offence under this section is non-cognizable, non-bailable and non- compoundable, and is triable by magistrate of the first class.