Bharatiya Nyaya Sanhita, 2023
Section 247
Fraudulently obtaining decree for sum not due
Whoever fraudulently obtains a decree or order against any person for a sum not due, or for a larger sum than is due or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Why this exists
This provision, earlier Section 210 of the Indian Penal Code, 1860, is the mirror image of Section 245 - instead of fraudulently losing a case against yourself, this covers fraudulently winning a decree against someone else for money or property they don't actually owe, or squeezing extra enforcement out of a debt already paid off.
Common misconceptions
- Myth: A court decree remains enforceable forever regardless of whether the debt has since been paid off.
Fact: Trying to execute a decree after the underlying debt has been satisfied, knowing it has been paid, is a fraudulent and punishable act.