Section 245 of the Bharatiya Nyaya Sanhita, 2023 addresses the issue of fraudulently suffering a decree for a sum not due. This section outlines the legal repercussions for individuals who, through fraudulent means, allow a decree or order to be passed against them for an amount that is not owed or for a greater sum than what is actually due.
Key Provisions of Section 245
- Fraudulent Actions: The section specifies that if a person fraudulently causes or suffers a decree to be passed against them at the suit of another party (for example, for a sum not owed), they are committing an offense. This includes scenarios where:
- A decree is executed for property or interests that the claimant is not entitled to.
- A decree is executed after it has already been satisfied.
- Punishment: The penalty for violating this section can include:
- Imprisonment for a term that may extend up to two years.
- A monetary fine.
- Both imprisonment and fine can be imposed.
Illustration of the Offense
An example provided in the text illustrates this offense: If person A sues person Z, and Z, knowing that A is likely to win, allows a judgment to be passed against him for a larger amount by person B (who has no legitimate claim), this constitutes an offense under Section 245. Z’s actions are deemed fraudulent as they manipulate the legal process for personal gain or to benefit another party improperly16.This section aims to uphold the integrity of judicial processes by penalizing those who attempt to exploit them through deceitful practices.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
