BNS Section 245 — Fraudulently suffering decree for sum not due

Summary

Whoever fraudulently causes or allows a decree or court order to be passed against themselves in a suit brought by another person, when the sum is not actually due, or is larger than what is actually due to that person, or involves property or an interest in property to which that person is not entitled, commits an offence under this section. The same applies to anyone who fraudulently causes or allows a decree or order to be executed against themselves after it has already been satisfied, or for anything for which it has already been satisfied. The punishment for this offence is imprisonment of either kind for a term that may extend to two years, or a fine, or both.

The illustration given with the section explains it as follows: A sues Z. Z, knowing that A is likely to get a decree against him, fraudulently allows a judgment to be passed against him for a larger amount in a suit brought by B, who has no genuine claim against Z, so that B, either for himself or for Z's benefit, can share in the proceeds of any sale of Z's property that may happen under A's decree. In this situation, Z has committed an offence under this section.

Official Text

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.

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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
• SC (2024) Vol.10 p.930 — Supreme Court of India (2024)

Old <-> New Code Mapping

• IPC §208 — Fraudulently suffering decree for sum not due