IPC Section 208: Fraudulent Decree for Sum Not Due
1. State the Code
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.
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
2. Explanation
Whoever fraudulently obtains a decree for a sum of money, or for other property, which is not due to him, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
3. Illustration
Let’s say A owes B ₹10,000. B, through fraudulent means, convinces the court that A owes him ₹20,000. The court, believing B’s false claims, issues a decree in B’s favor for ₹20,000. In this scenario, B has committed an offence under Section 208 of the IPC as he obtained a decree for a sum not due to him.
4. Common Questions and Answers
Q: What constitutes “fraudulent” in this context?
A: “Fraudulent” means obtained through deception, misrepresentation, or by using other unfair means.
Q: Can the offence be committed only by the person who filed the lawsuit?
A: No, any person who knowingly aids or abets in the fraudulent obtaining of the decree can also be held liable.
Q: What is the punishment for this offence?
A: Imprisonment for up to 2 years, or fine, or both.
