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.
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.
Simplified Explanation
This section addresses situations where a person fraudulently causes or suffers a decree or order to be passed against them for an amount or property that is not due or for a larger amount than what is actually owed. It also applies if the decree or order is executed after it has already been satisfied.
Key Provisions of Section 245
Offense:
The offense under Section 245 involves fraudulent actions related to a court decree or order, where the person either:
- Fraudulently causes or suffers a decree or order to be passed for:
- A sum not due.
- A larger sum than what is due.
- Property or an interest in property to which the other person is not entitled.
- Fraudulently causes or suffers a decree to be executed after it has already been:
- Satisfied (for example, when the debt has already been paid).
- Executed for property that has already been satisfied (such as when the property has already been taken or accounted for in accordance with the decree).
Punishment:
- Imprisonment:
The person who commits this offense may face imprisonment of either description for up to two years. - Fine:
Alternatively or additionally, the individual may be fined, or both penalties (imprisonment and fine) can be imposed.
Illustration of the Offense
An example of the offense under this section is provided in the illustration:
- Scenario: A person (Z) is aware that a decree is likely to be passed against them in a suit. However, Z fraudulently suffers a judgment to pass against them for a larger amount than what is owed. This is done to benefit another party (B), who has no rightful claim against Z. The purpose of this action is so that B can share in the proceeds of the sale of Z’s property, which is likely to be sold under the decree passed in favor of A.
- Offense: In this case, Z has committed an offense under Section 245 for fraudulently suffering a decree for an amount larger than what was actually due.
Explanation and Application
Key Elements of the Offense
- Fraudulent Actions:
The core of this offense is fraudulence. A person knowingly and fraudulently causes or suffers a decree to be passed for:- An amount not due or larger than the actual due.
- Property or an interest in property that they do not legally owe or own.
- Execution of Satisfied Decrees:
This section also addresses cases where a person fraudulently allows the execution of a decree after it has been satisfied (for example, after payment has been made or property has already been transferred to satisfy the debt). - Deception to Benefit Another Party:
The offense often involves an element of deception where the person suffering the decree might do so to benefit another individual, either by causing the larger sum to be passed or by allowing the execution for an amount that has already been satisfied. - Preventing Legal Execution:
The law targets actions that undermine the integrity of legal proceedings by enabling fraudulent claims to be enforced or allowing an order to continue after it should have been concluded.
Example of Fraudulent Suffering of Decree
In the provided illustration, Z fraudulently suffers a larger judgment to pass against them to help B. This is done so that B can benefit from the sale of Z’s property under the decree, even though B has no legitimate claim. This scenario clearly demonstrates fraudulent behavior designed to deceive the legal process.
Conclusion
Section 245 of the Bharatiya Nyaya Sanhita, 2023 aims to address fraudulent activities where a person causes or suffers a decree to be passed or executed under false pretenses. Whether by claiming a larger amount than due or allowing a decree to be executed after satisfaction, this section ensures that the legal process remains fair and just. The penalties for committing such an offense include imprisonment up to two years, a fine, or both, depending on the severity of the case. This section aims to prevent abuse of the legal system through fraudulent manipulation of court orders.
