Fraudulently obtaining decree for sum not due
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Summary
Fraudulently obtaining or enforcing a court decree or order for money or property you are not entitled to, or getting a decree executed after it has been satisfied, is an offence. It applies when a person uses deceit to get or enforce such a decree or allows it to be done in their name. Punishment is imprisonment up to two years, or fine, or both.
Example
Priya sues Rohan and, by submitting forged papers, obtains a decree for Rs 1,00,000 though only Rs 10,000 was actually owed. Under this section she can be prosecuted and may face up to two years imprisonment, or a fine, or both.
Bare Act
Enacted textWhoever 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.
BNSS Classification
- Imprisonment for 2 years, or fine, or both.
- Non-cognizable
- Bailable
- Triable by Magistrate of the first class.
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