Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 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.
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.
Brief Detail
BNS Section 245 addresses the offense of fraudulently suffering a decree or order for a sum not due. This section aims to prevent individuals from exploiting legal proceedings to evade their actual liabilities or mislead the court regarding amounts owed.
Question & Answers
Q1: What actions constitute fraudulently suffering a decree for a sum not due?
A1: Actions include allowing a decree to be passed for a sum that is not owed, for a larger sum than is due, or for property that the opposing party is not entitled to claim.
Q2: What penalties are imposed for committing this offense?
A2: Individuals found guilty may face imprisonment for up to two years, a fine, or both.
Example
Example Scenario:
If Z knows that A is likely to win a lawsuit against him and allows a judgment for a greater amount to be passed in favor of B, who has no legitimate claim, this is a fraudulent act under this section.
Summary
BNS Section 245 aims to uphold the integrity of legal proceedings by penalizing those who fraudulently manipulate court decrees, ensuring that only legitimate claims are honored and executed.
