Code: Section 245 BNS
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.
Explanation of Section 245 BNS
Section 245 BNS protects against fraudulent legal maneuvers where an individual intentionally allows a false decree to be passed against them. This can be used to evade rightful creditors or benefit a third party unlawfully.
Key Elements of Section 245 BNS
- Fraudulent Decree – A person deliberately allows or facilitates a false legal order.
- Sum Not Due – The decree is for an amount not actually owed.
- Larger Sum than Due – The decree is for a higher amount than legally required.
- False Property Claims – The decree involves property to which the creditor has no right.
- Execution After Satisfaction – The decree is executed even after the debt has been paid.
- Punishment –
- Up to two years imprisonment, or
- Fine, or
- Both.
Illustration
Example 1: Fraudulent Judgment for False Debt
A owes ₹50,000 to X but conspires with Y to pass a fraudulent decree for ₹1,00,000 in Y’s favor. This way, X receives nothing from the debtor’s property sale while Y gains unjustly. A has committed an offense under Section 245 BNS.
Example 2: Allowing a Satisfied Decree to be Executed Again
A person pays off a court-ordered fine but later fraudulently allows the court to enforce the same order again, making an innocent party pay extra. This act is punishable under Section 245 BNS.
Common Questions and Answers on Section 245 BNS
1. What is the main purpose of Section 245 BNS?
- To prevent fraudulent legal agreements where a person intentionally suffers a false legal decree to defraud rightful claimants.
2. Can Section 245 BNS apply in property disputes?
- Yes. If someone allows a fraudulent decree on property ownership to pass, it falls under this section.
3. What is the punishment for violating Section 245 BNS?
- Up to two years imprisonment, or
- Fine, or
- Both imprisonment and fine.
4. Can a person be punished for suffering a decree that is already satisfied?
- Yes. If a person allows a settled decree to be executed again, it is an offense under Section 245 BNS.
5. How is Section 245 BNS different from Section 244 BNS?
- Section 244 BNS deals with fraudulent claims over property to prevent lawful seizure.
- Section 245 BNS applies when a person allows a false decree or order to be passed against them.
Conclusion
Section 245 BNS prevents fraudulent legal tactics used to manipulate court decrees and evade rightful creditors. This law ensures fairness in legal judgments and penalizes those who misuse legal procedures for personal gain.
For expert legal insights, visit ApniLaw today! 🚀
