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.
IPC Section 210: Simplified Explanation
IPC Section 210 deals with the fraudulent act of obtaining a decree or judgment from a court for a not actually due sum. This section applies when a person, by fraudulent means, secures a legal decree or judgment for an amount they know is not legitimately owed to them. This intends to deceive the court and gain an undue financial advantage.
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 obtain the decree or judgment fraudulently.
- The intent must be to deceive and gain an unlawful benefit.
Is IPC Section 210 Bailable?
Yes, IPC Section 203 is indeed a bailable offence. This implies that the accused has the right to seek release on bail, subject to specific conditions and the discretion of the court. These conditions may include the severity of the offence, the accused’s criminal record, and the likelihood of the accused tampering with evidence or influencing witnesses.
IPC Section 210 Punishment
The punishment for an offence under IPC Section 210 is imprisonment of either description for a term extending to two years, with a fine, or with both. The court determines the exact punishment based on the circumstances and severity of the offence.
Example of IPC Section 210
Consider a scenario where Mr X fraudulently creates fake loan documents showing that Mr Y owes him a large sum. Using these forged documents, Mr. X files a lawsuit. He obtains a court decree against Mr Y to repay the fabricated loan amount. Mr X intends to deceive the court and wrongfully extract money from Mr Y. In this case, Mr. X can be prosecuted under IPC Section 210 for fraudulently obtaining a decree for a sum not due.
