Section 247 BNS: Fraudulently Obtaining Decree for Sum Not Due
Section 247 of the Bharatiya Nyaya Sanhita, 2023 punishes fraudulent use of a decree or court order to recover money, property or an interest that is not lawfully due, or to execute a decree or order after it has already been satisfied.
Current legal position: Section 247 BNS corresponds to former Section 210 of the Indian Penal Code, 1860. The punishment is imprisonment up to two years, or fine, or both.
Text of Section 247 BNS
247. 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.
Meaning and scope of Section 247 BNS
The provision targets fraudulent misuse of decrees and court orders. It applies not only where a person fraudulently obtains a decree for something not actually due, but also where a decree or order is enforced after the liability covered by it has already been satisfied.
It also extends to a person who fraudulently allows such an act to be done in his name. The section therefore covers both active procurement or execution of a fraudulent decree and fraudulent permission for another person to use one's name for that purpose.
Essential ingredients of the offence
Section 247 BNS may be attracted where the prosecution establishes one or more of the following forms of fraudulent conduct:
- A decree or order is fraudulently obtained against another person.
- The decree or order is for a sum not due or for a larger sum than is due.
- The decree or order concerns property or an interest in property to which the person obtaining it is not entitled.
- A decree or order is fraudulently executed after it has already been satisfied, wholly or in respect of the matter being executed.
- The accused fraudulently suffers or permits any such act to be done in his name.
Important element: Fraudulent conduct is central to Section 247. A genuine dispute about the amount due, ownership, satisfaction or execution does not by itself establish the offence unless the required fraudulent conduct is proved.
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. |
| Compoundable | No. The offence is non-compoundable. |
Corresponding provision under the Indian Penal Code
Section 247 BNS corresponds to Section 210 of the Indian Penal Code, 1860. The substance and punishment of the provision have been carried forward substantially unchanged.
The Bharatiya Nyaya Sanhita came into force on 1 July 2024, subject to the commencement notification and repeal and savings provisions. Conduct occurring before that date may continue to be governed by the former IPC provision under the applicable savings clause.
Illustrative situations
Depending on the facts and evidence, Section 247 BNS may be relevant where a person fraudulently:
- obtains a decree for money that is not owed;
- obtains a decree for an amount greater than the actual debt;
- obtains an order concerning property to which he has no lawful entitlement;
- executes a decree after the amount covered by it has already been paid or otherwise satisfied; or
- permits another person to carry out such fraudulent conduct in his name.
These examples are explanatory only. Criminal liability depends on proof of the statutory ingredients in the individual case.
Frequently asked questions
What is the punishment under Section 247 BNS?
The maximum imprisonment is two years. A court may impose a fine instead, or both imprisonment and fine.
Can Section 247 apply where only part of a decree has been satisfied?
Yes. The section expressly covers execution for anything in respect of which the decree or order has already been satisfied.
Is Section 247 BNS bailable?
Yes. It is a bailable offence.
Is Section 247 BNS cognizable?
No. It is non-cognizable.
Which court can try an offence under Section 247 BNS?
The offence is triable by a Magistrate of the first class.
Which IPC provision corresponds to Section 247 BNS?
Section 210 of the Indian Penal Code, 1860.