Section 245 BNS: Fraudulently Suffering Decree for Sum Not Due
Section 245 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who fraudulently causes or allows a decree or order to be passed against him for money, property or an interest that is not lawfully due, or who fraudulently allows execution of a decree or order after it has already been satisfied.
Current legal position: Section 245 BNS corresponds to former Section 208 of the Indian Penal Code, 1860. The punishment remains imprisonment up to two years, or fine, or both.
Text of Section 245 BNS
245. Fraudulently suffering decree for sum not due.
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.
Statutory illustration
Illustration.
A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z's property which may be made under A's decree. Z has committed an offence under this section.
Meaning and scope of Section 245 BNS
The provision is aimed at fraudulent use of civil decrees or orders to create, inflate or enforce liabilities that are not genuinely due. It covers both the stage at which a decree or order is caused or allowed to be passed and the later stage at which such a decree or order is executed.
The offence can arise where the amount claimed is wholly not due, where the decree is for more than is actually due, where the decree concerns property or an interest to which the claimant is not entitled, or where execution is fraudulently allowed even though the decree or the relevant part of it has already been satisfied.
Essential ingredients of the offence
Section 245 BNS ordinarily requires allegations showing one or more of the following circumstances:
- A decree or order is fraudulently caused or suffered to be passed against the accused.
- The decree or order is for a sum not due, a larger sum than is due, or property or an interest to which the claimant is not entitled.
- Alternatively, a decree or order is fraudulently caused or suffered to be executed after it has already been satisfied, wholly or in respect of the matter being executed.
- The conduct is fraudulent; mere error, dispute over calculation or ordinary civil disagreement is not enough by itself.
Punishment and procedural classification
| Punishment | Imprisonment of either description for a term which may extend to two years, or fine, or both. |
|---|---|
| Cognizable | No. The offence is non-cognizable. |
| Bailable | Yes. |
| Court having jurisdiction to try | Magistrate of the first class. |
Practical point: Because the section requires fraudulent conduct, the existence of a civil decree or execution proceeding alone does not automatically establish the offence. The factual allegations and evidence must support the statutory ingredients.
Corresponding provision under the Indian Penal Code
Section 245 BNS corresponds to Section 208 of the Indian Penal Code, 1860. The wording, punishment and statutory illustration are substantially carried forward into the BNS provision.
The Bharatiya Nyaya Sanhita came into force on 1 July 2024, subject to the commencement notification and repeal and savings provisions. Conduct before that date may continue to be governed by the former IPC provision depending on the applicable savings clause.
Frequently asked questions
What is the maximum punishment under Section 245 BNS?
The maximum imprisonment is two years. A court may impose a fine instead, or both imprisonment and fine.
Does Section 245 apply only when nothing is due?
No. The provision also covers a decree or order for an amount larger than what is actually due, as well as property or an interest to which the claimant is not entitled.
Can Section 245 apply after a decree has already been satisfied?
Yes. It expressly covers fraudulently causing or suffering execution after the decree or the relevant part of it has been satisfied.
Is Section 245 BNS bailable?
Yes. It is classified as bailable.
Which IPC provision corresponds to Section 245 BNS?
Section 208 of the Indian Penal Code, 1860.