Fraudulently suffering decree for sum not due
AI Assist
Summary
Fraudulently causing or allowing a decree or order to be made against yourself for a sum not due, for a larger sum than due, for property you are not entitled to, or causing execution of a decree that has already been satisfied, is an offence. It applies when a person arranges or permits such a bogus judgment or its execution to benefit themselves or others. Punishment: up to two years imprisonment, fine, or both.
Example
Aditya sues Rohan and is likely to get a decree. Rohan, knowing this, fraudulently lets Sneha obtain a judgment for a larger amount though she has no claim, so Sneha can share proceeds if Rohan’s property is sold under Aditya’s decree. Rohan has committed an offence and faces up to two years imprisonment, fine, or both.
Bare Act
Enacted textWhoever 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.
BNSS Classification
- Imprisonment for 2 years, or fine, or both.
- Non-cognizable
- Bailable
- Triable by Magistrate of the first class.
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