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 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
- 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.
IPC Section 208: Simplified Explanation
IPC Section 208 addresses fraudulently suffering a decree for a sum not due. This section applies when a person allows a legal decree or judgment to be passed against them for an amount not owed, intending to defraud another person. This typically involves collusion between the debtor and another party, leading to a fraudulent claim that affects the rights of others.
Key Elements:
- There must be a decree or judgment for a sum of money.
- The sum of money must not be due.
- The person must suffer or allow the decree to be passed.
- The intent must be to defraud another person.
Is IPC Section 208 Bailable?
Yes, IPC Section 208 is a bailable offence. This means the accused can be released on bail, subject to certain conditions and the court’s discretion.
IPC Section 208 Punishment
The punishment for an offence under IPC Section 208 is imprisonment of either description for a term extending to two years, with a fine, or with both. The court has the discretion to decide the exact punishment based on the circumstances and severity of the offence.
Example of IPC Section 208
Consider a situation where Mr. X owes no money to Mr. Y, but they conspire to defraud Mr. X’s creditors. Mr. X allows Mr. Y to obtain a court decree against him for a large sum not owed. This decree makes it appear that Mr. X’s assets are already committed to satisfying this false debt, thereby preventing his actual creditors from claiming their dues. Here, Mr X can be prosecuted under IPC Section 208 for fraudulently suffering a decree for a sum not due, intending to defraud his legitimate creditors.
