IPC Section 208 and BNS Section 245: Fraudulently Suffering Decree for Sum Not Due
The offence concerns a person who fraudulently permits a court decree or order to be passed against them for a debt or property claim that is not genuinely due, or permits execution of a decree already satisfied.
What does fraudulently suffering a decree mean?
A decree is a formal adjudication of a civil court conclusively determining rights in a suit, as described in Section 2(2) of the Code of Civil Procedure, 1908. To suffer a decree in this context means to allow or bring about a decree against oneself. The criminal offence requires fraudulent conduct, not merely losing a genuine civil case or failing to defend one.
Section 245 BNS addresses dishonest manipulation of judicial process through fictitious or inflated liabilities, wrongful claims over property, and repeated execution after satisfaction of an existing decree or order.
Section 245 BNS: statutory provision
Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
The substance and punishment of the former IPC Section 208 are retained in BNS Section 245. See the official BNS text on India Code.
Essential ingredients of the offence
- A decree or order: A decree or order is fraudulently caused or allowed to be passed against the accused, or is executed against them.
- False or excessive entitlement: The claim concerns a sum not due, an amount exceeding what is due, or property or an interest in property to which the claimant is not entitled.
- Alternatively, improper execution: A decree or order is fraudulently executed after it has been satisfied, or as to a matter already satisfied.
- Fraudulent intention: The conduct must be fraudulent; a genuine dispute about the amount owed does not, without more, establish this offence.
Statutory illustration explained
A sues Z. Knowing that A may obtain a decree, Z fraudulently permits B, who has no genuine claim, to obtain a decree against Z for an inflated amount. B can then attempt to share in the proceeds of a sale of Z's property under A's decree. This conduct constitutes the offence because the fictitious decree is used to interfere with the legitimate creditor's recovery.
Punishment and classification
| Question | Position under BNS Section 245 |
|---|---|
| Maximum punishment | Imprisonment of either description for up to two years, or fine, or both |
| Cognizability | Non-cognizable |
| Bail | Bailable |
| Court ordinarily competent to try | Magistrate of the first class |
| Former corresponding provision | IPC Section 208 |
The procedural classification is governed by the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), subject to applicable transitional provisions.
Related offences and practical distinction
BNS Section 245 / IPC Section 208 concerns fraudulently allowing a decree against oneself. BNS Section 247 / IPC Section 210 addresses fraudulently obtaining a decree against another person. BNS Section 246 / IPC Section 209 addresses knowingly false claims made in court. The facts and mental element determine the appropriate provision.
Frequently asked questions
Is every ex parte decree a criminal offence?
No. An ex parte decree or a decision not to contest a suit does not by itself prove fraudulent intent or a fictitious claim.
Can a decree that has already been paid be executed again?
Fraudulently causing or suffering execution after satisfaction can attract Section 245 BNS. A person facing improper execution may also pursue appropriate remedies before the executing civil court.
Does IPC Section 208 still apply?
For conduct occurring before 1 July 2024, the IPC provision can remain relevant under the applicable savings and transitional rules. For subsequent conduct, BNS Section 245 is the corresponding provision.
What is the maximum sentence under BNS Section 245?
Up to two years of imprisonment of either description, or a fine, or both. The provision does not specify a fixed maximum fine.
Official legal references
- Bharatiya Nyaya Sanhita, 2023, Section 245 (India Code, official PDF)
- BNS provisions - National Crime Records Bureau
- BNS and IPC correspondence - Bureau of Police Research and Development
- India Code - official central legislation database
This article provides general legal information. The applicable statute, procedural rules and remedies depend on the dates and facts of the particular case.