Section 247 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 247 of the Bharatiya Nyaya Sanhita, 2023:
📜 Text of Section 247 BNS
“Fraudulently obtaining decree for sum not due”
Any person who:
fraudulently obtains a decree or order against someone for a sum not due,
or for a larger sum than actually due,
or for any property or interest they are not entitled to,
or fraudulently causes execution of a decree that has already been satisfied,
or fraudulently allows such decree to be passed in their name—
shall be punished with imprisonment (either rigorous or simple) up to 2 years, or with fine, or both. (sudhirrao.com)
🏛 Context & Legal Comparison
Located in Chapter XIV — False Evidence and Offences against Public Justice. (sudhirrao.com)
Mirrors and modernizes IPC provisions (notably Section 211 IPC – false charge of property or sum due), emphasizing court-decrees specifically.
Similar sections in BNS include:
Sect. 245: Fraudulently suffering a decree not due (i.e., consenting to a decree)
Sect. 246: Dishonest false claim in court
Sect. 248: False criminal charges to injure someone (myjudix.com)
⚖️ Elements of the Offence
| Element | Description |
|---|---|
| Actus Reus | Securing or enabling the enforcement of a decree/order not legally owed |
| Mens Rea | Intentional and fraudulent purpose |
| Scope of Decree | Includes sums, property rights, or interest |
| Timing | Applies both when obtaining the decree and during its execution |
| Penalty | Imprisonment ≤ 2 years and/or fine |
💡 Practical Implications
Protects against fraud in civil/judicial processes
Covers both actively obtaining a decree and passively permitting one to be enforced
Helps safeguard individuals and public justice systems from corrupt legal maneuvers
✅ Summary
Section 247 BNS criminalizes securing or enforcing fraudulent court orders or decrees for sums or property not legitimately due. It carries punishment of up to 2 years imprisonment, and/or fine, reinforcing legal integrity in judicial proceedings.
RELATED Blog
0 comments