Indian Penal Code, 1860
Section 210
repealedFraudulently 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 is part of a group of IPC sections (209-210) dealing with fraud against public justice. Colonial-era lawmakers wanted to protect the integrity of court proceedings by punishing people who misuse judicial processes to extract money or property they aren't entitled to, or who try to enforce judgments that have already been paid off. Without such a law, the courts themselves could become tools for cheating people.
How courts read it
Courts have generally held that mere obtaining of a wrong decree isn't enough — there must be proof of actual fraud, meaning deliberate deception or dishonest intent, not just an error or a decree later found to be incorrect on appeal. Judgments have emphasized that a genuine dispute over the amount due, later resolved by a court, doesn't automatically attract this section unless fraud is shown. The word 'fraudulently' is read strictly, requiring intent to deceive.
Common misconceptions
- Myth: If you win a court case but the amount turns out to be wrong later, you've committed a crime under Section 210.
Fact: Courts require proof of deliberate fraud or deception, not just an honest mistake or a later-corrected error in the amount claimed. - Myth: This section only applies to money; it has nothing to do with property.
Fact: The section explicitly covers decrees or orders for property or any interest in property, not just monetary sums.