Provision

Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.


Simply put

There are three parts of the section and the presence of any one of these would suffice for a liability. First, dishonest or fraudulent concealment or removal of a property, whether of his own or that of any other person, attracts liability. Or, secondly, dishonest or fraudulent assistance in the concealment or removal of property, whether of his own or that of any other person, attracts liability. Or. dishonest release of any demand or claim to which one is entitled attracts liability.

It is interesting to note that while in the first two categories either dishonest or fraudulent intention on the part of the offender has to be proved, in the third category the word ‘fraudulently’ has not been used and dishonest intention alone needs to be proved by way of mental element.



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