Whoever 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.
Simplified Explanation
This section deals with the fraudulent actions of individuals who obtain or execute a decree that involves a sum of money or property to which they are not entitled, or take actions to manipulate a decree or order for personal benefit.
Key Provisions of Section 247
Offense:
The section criminalizes the following fraudulent actions:
- Obtaining a Decree for a Sum Not Due:
A person fraudulently obtains a decree or order against someone for a sum of money that is not actually due, or for a larger sum than what is rightfully owed. - Obtaining a Decree for Property Not Entitled:
A person fraudulently obtains a decree or order for property or an interest in property to which they are not entitled. - Executing a Decree After It Has Been Satisfied:
A person fraudulently executes a decree or order against someone even after it has been satisfied, or for anything that has already been settled or resolved. - Fraudulent Suffering or Permitting the Execution of Decree:
A person fraudulently permits or suffers any of the above actions to be done in their name, even if they did not directly initiate the act.
Punishment:
- Imprisonment:
The person committing this offense may face imprisonment of either description for a term which may extend to two years. - Fine:
The individual may also be liable to a fine, or both imprisonment and fine can be imposed as penalties for this offense.
Explanation and Application
Key Elements of the Offense:
- Fraudulent Action:
The person must be acting fraudulently, meaning with the intent to deceive the court or another party for personal gain, whether it is a false claim for money or property. - Knowledge of Being Unentitled:
The person knows or should know that they are not entitled to the sum of money or property they are claiming or the decree they are obtaining is wrongful. - Execution of an Invalid or Overdue Decree:
The offense extends to fraudulently executing a decree or order that is no longer valid (for instance, when the decree has already been satisfied) or involves a larger amount than due. - Acting in a False Name:
The section also covers situations where someone permits or allows these fraudulent actions to occur under their name, even if they aren’t directly involved in initiating them.
Penalty for the Offense:
- Imprisonment for up to two years.
- Fine: The fine amount can vary depending on the severity and circumstances of the offense.
- Both imprisonment and fine: In some cases, both punishments may apply.
Illustration of the Offense:
Consider the following example:
- Scenario:
A person, knowing that they owe only a small sum to Z, fraudulently obtains a decree for a larger amount from the Court. They then try to execute the decree and make a claim for property or assets that do not belong to them. Despite the fact that the decree has already been satisfied, A continues the execution process fraudulently.
In this case, A would be committing an offense under Section 247 for fraudulently obtaining a decree for a sum not due.
Conclusion
Section 247 of the Bharatiya Nyaya Sanhita, 2023 seeks to protect the integrity of the judicial system by addressing fraudulent actions aimed at obtaining unjust decrees or orders. The section imposes strict penalties, including up to two years of imprisonment and fines, to ensure that individuals cannot manipulate the legal process to unjustly enrich themselves or harm others.
