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Report No. 156

Clause 93

12.37. Chapter XI of the Code deals with offences of false evidence and offences against public justice. The existing sections 206 and 207 punish certain fraudulent acts designed to prevent the seizure of property under the order of court. Section 206 deals with fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution. Likewise section 207 deals with an offence of a fraudulent claim to property to prevent its seizure as forfeited or in execution.

It can be seen that while section 206 deals with removal or concealment or such property, section-207 deals with a fraudulent claim to such property. There is no specific provision to deal with other types of removal or interference of such property. Once property is lawfully attached by an order of a court, it is obligatory that no removal of any kind or interference whether fraudulent or otherwise should be there.

The Law Commission in its 42nd Report having considered this aspect, pointed out that once any movable property has been lawfully attached by a court order, any unauthorised removal or any interference with that property should be punishable irrespective of the motive or the intention of the person concerned. Accordingly, the Law Commission recommended insertion of a new section 208A under this clause. This provision appears to be necessary as the concept is that the court's order should prevail under any circumstances to promote ends of justice.

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