IPC Section 210 and BNS Section 247: Fraudulently Obtaining a Decree for a Sum Not Due
Fraudulently obtaining a court decree or order for money or property that is not lawfully due can constitute an offence against public justice. The historical provision was Section 210 of the Indian Penal Code, 1860; the corresponding provision for the new criminal law is Section 247 of the Bharatiya Nyaya Sanhita, 2023.
What is fraudulently obtaining a decree for a sum not due?
A decree is the formal expression of an adjudication conclusively determining rights in a civil suit, within the meaning of Section 2(2) of the Code of Civil Procedure, 1908, subject to its statutory qualifications. An order is the formal expression of a decision of a civil court that is not a decree, as defined in Section 2(14) CPC.
Section 247 addresses fraudulent use of such decrees or orders to obtain money or property to which a claimant has no right, including execution of a decree that has already been satisfied. The fraudulent conduct is the essential feature; an ordinary disputed claim or unsuccessful civil suit does not automatically amount to this offence.
Section 247 of the Bharatiya Nyaya Sanhita, 2023
Heading: Fraudulently obtaining decree for sum not due.
Whoever fraudulently obtains a decree or order against any person for a sum not due, or for a larger sum than is due or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
The provision substantially carries forward Section 210 IPC, whose heading and punishment were the same. Read the official Bharatiya Nyaya Sanhita, 2023 (India Code PDF) for the authoritative enacted text.
Essential ingredients of the offence
- Fraudulent conduct: The act must be done fraudulently, not merely as a consequence of a mistaken legal position.
- Wrongful decree or order: A person obtains a decree or order for an amount not due, an amount exceeding what is due, or property or an interest in property to which that person is not entitled.
- Wrongful execution: Alternatively, a person fraudulently causes execution after the decree or order has been satisfied, or for a matter already satisfied.
- Acts in one's name: The section also covers fraudulently allowing such conduct to be done in one's name.
Whether these elements are proved depends on the pleadings, decree, payment records, execution proceedings and evidence of fraudulent intent.
Punishment under IPC Section 210 and BNS Section 247
| Provision | Maximum imprisonment | Other punishment |
|---|---|---|
| IPC Section 210 (earlier law) | Two years, either description | Fine, or both imprisonment and fine |
| BNS Section 247 (current provision) | Two years, either description | Fine, or both imprisonment and fine |
The section does not specify a fixed amount of fine. The actual sentence is determined by the competent court under applicable law. Questions of cognizability, bail and trial procedure should be assessed under the applicable procedural legislation, including the Bharatiya Nagarik Suraksha Sanhita, 2023 and any relevant savings provisions.
Practical examples
Claiming a larger debt than is due
A creditor is owed Rs. 50,000 but knowingly and fraudulently obtains a decree for Rs. 1,50,000. If the statutory requirements are proved, Section 247 may apply.
Executing a satisfied decree
A decree-holder has received full payment but fraudulently proceeds with execution as though nothing has been paid. Such conduct may fall within the section.
Obtaining an order for property without entitlement
A claimant fraudulently obtains an order for property knowing that the claimant has no legal entitlement to it. The circumstances may attract Section 247.
Important: These examples are illustrative, not findings that every incorrect claim constitutes a criminal offence.
Related legal provisions
BNS Section 245 (earlier IPC Section 208) addresses fraudulently causing or suffering a decree or order to be passed against oneself for a sum not due. BNS Section 246 (earlier IPC Section 209) concerns knowingly making a false claim in court fraudulently, dishonestly or with intent to injure or annoy. Section 247, by contrast, concerns fraudulently obtaining or executing a decree or order against another person.
In civil proceedings, the Code of Civil Procedure, 1908 provides procedures concerning decrees and execution. Criminal liability is a separate question requiring proof of the relevant statutory ingredients.
Frequently asked questions
Which BNS section replaces IPC Section 210?
Section 247 of the Bharatiya Nyaya Sanhita, 2023 corresponds to IPC Section 210.
What is the punishment under BNS Section 247?
Imprisonment of either description for up to two years, or fine, or both.
Is filing an incorrect money claim automatically a crime?
No. The prosecution must establish fraudulent conduct and the other statutory ingredients. A bona fide dispute or mistake alone is not sufficient.
Can execution after full payment amount to an offence?
Yes, where a person fraudulently causes execution after satisfaction of the decree or order and the legal ingredients are established.
Official legal sources
- India Code: Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), Section 247
- National Crime Records Bureau: BNS section-wise text
- India Code: Central legislation and statutory texts
This article provides general legal information, not advice on a specific dispute. For an individual matter, consult the applicable legislation, court records and a qualified legal professional.