BNS Section 245 – Fraudulently suffering decree for sum not due
The Indian Penal Code (IPC) Section – 208
Understanding BNS Section 245: Fraudulently Suffering a Decree for a Sum Not Due
Legal proceedings are designed to ensure justice and fairness. However, some individuals may attempt to manipulate the system for personal gain. Section 245 of the Bharatiya Nyaya Sanhita (BNS) addresses the issue of fraudulently allowing a decree or order to be passed or executed for an amount or property that is not rightfully due. Let’s break it down in simple terms.
What Does Section 245 Say?
Section 245 deals with the act of fraudulently allowing a court decree or order to be passed or executed under false pretenses. Here’s what the law states:
- Offense: If a person:
- Fraudulently allows a decree or order to be passed against them for:
- A sum of money that is not due,
- A larger sum than what is due, or
- Property or interest in property that the other person is not entitled to, or
- Fraudulently allows a decree or order to be executed against them after it has already been satisfied,
they commit an offense.
- Fraudulently allows a decree or order to be passed against them for:
- Punishment: The punishment for this offense can include:
- Imprisonment for up to 2 years,
- A fine, or
- Both imprisonment and fine.
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Fraudulently allowing a decree or order to be passed or executed for an amount or property not rightfully due. |
| Punishment | Up to 2 years in jail, a fine, or both. |
| Cognizable or Not? | Non-cognizable: Police cannot arrest without a warrant. |
| Bailable or Not? | Bailable: The accused can seek bail. |
| Court Jurisdiction | Trial is conducted by a Magistrate of the first class. |
Why is This Law Important?
- Prevents Manipulation of Legal Processes: It ensures that court decrees and orders are not misused for fraudulent purposes.
- Protects Genuine Claims: It safeguards the rights of individuals by preventing false claims or unjust decrees.
- Maintains Integrity of the Legal System: It discourages individuals from engaging in deceptive practices that undermine justice.
Illustration from the Law
- Example: A sues Z. Z knows that A is likely to get a decree against him. To manipulate the outcome, Z fraudulently allows another person, B (who has no rightful claim), to obtain a decree against him for a larger amount. Z does this so that B can share in the proceeds from the sale of Z’s property under A’s decree. In this case, Z commits an offense under Section 245.
What Should You Do?
If you are involved in a legal proceeding:
- Do Not Engage in Fraudulent Practices: Allowing false decrees or orders to be passed or executed can lead to serious legal consequences.
- Verify Claims: Ensure that any decrees or orders are based on legitimate and accurate claims.
- Seek Legal Advice: If you are unsure about your rights or obligations, consult a lawyer to avoid unintentional violations of the law.
Conclusion
Section 245 of the BNS is a crucial provision to ensure the integrity of legal processes. Fraudulently allowing decrees or orders to be passed or executed for amounts or property not rightfully due is a punishable offense. Always act honestly and within the bounds of the law.
