Fraudulently suffering decree for sum not due
AI Assist
Summary
Fraudulently causing or allowing a judgment or order to be made against yourself for money or property you do not owe, or for a larger sum than is due, or allowing a decree to be executed after it has already been satisfied, is an offence. Punishment can be imprisonment for up to two years, or a fine, or both.
Example
Priya has already repaid a loan but allows a false suit so a decree for a larger unpaid sum is entered against her to enable sale of her property. She arranges to share the sale proceeds. Under this section Priya would be guilty and could face up to two years’ imprisonment, or a 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 gainst him after it has been atisfied, 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.
llustration
(1) 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’ property which may be made under A’ decree. Z has committed an offence under this section.
Previous year papers
Pick your exam. we'll email the most recent paper.