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BNS Section 245: Fraudulently Suffering Decree For Sum Not Due
Section 245 falls under Chapter 14 of the Bharatiya Nyaya Sanhita (BNS). Chapter 14 covers offences of false evidence and offences against public justice. Each section under this chapter deals with different offences related to matters that obstruct the delivery of public justice. Section 245 specifically deals with false cases. Let us take a closer look at its provisions.
Definition of BNS Section 245
Section 245 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever 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.”
Explanation and Illustration of BNS Section 245
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of filing a false case. Let us break down the section to get a better understanding of it.
Offence
When one person asks another person to file a fake case against himself or herself for any fraudulent means or ends, then it shall be considered an offence under the provisions of this section. A person may want to have a case filed against themselves for many fraudulent reasons. Some examples are:
The section gives specific illustrations of the kind of fake cases that may be filed that count as an offence:
However, there is one very important qualifying factor that must be taken into consideration before such an act can be considered an offence. The person must suffer suffers a decree or order to be passed against him. In other words, mere filing case is not enough. There has to actually be a judgement or decree ordering the payment of the false dues or the execution and seizure of the contentious property.
Punishment
If any of the above actions are performed and an order or decree is passed to that extent, then such an action shall be prosecuted under the provisions of section 245 and if found guilty shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
The above actions may not be an offence under this section if:
Illustration
A files a case against Z for money owed. Z, knowing that A is likely to win the case and obtain a court order against him, approaches B. B, who actually has no claims against Z, files a fake claim for compensation against Z on Z’s insistence. Z does not contest B’s charges and accepts B’s claim causing the court to pass an order against Z. Later Z settles the matter with B by paying him a small amount as remuneration for filing the false case and Z avoids paying A by claiming that he became bankrupt after settling B’s case. Z has committed an offence under this section.
Disclaimer:
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 245
This section deals with: Fraudulently settling false dues.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 245 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 245 of BNS replaces IPC Section 208. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 245 | Fraudulently suffering decree for sum not due. | 208 | No change. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 245 of the Bharatiya Nyay Sanhita (BNS)
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