Bharatiya Nyaya Sanhita, 2023
BNS Section 245
Fraudulently suffering decree for sum not due
In one line
BNS Section 245 deals with fraudulently suffering decree for sum not due and replaces IPC 208.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 245 | Fraudulently suffering a decree to pass for a sum not due, or suffering decree to be executed after it has been satisfied. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 245
245. Fraudulently suffering decree for sum not due.
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.
Frequently asked
What was BNS Section 245 in the IPC?
BNS Section 245 (Fraudulently suffering decree for sum not due) replaces Section 208 of the Indian Penal Code, 1860. IPC 208 is now BNS 245.
What is the punishment under BNS 245?
Fraudulently suffering a decree to pass for a sum not due, or suffering decree to be executed after it has been satisfied – punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.
Is BNS 245 bailable?
Bailable: BNS 245. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
Still citing the IPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNS sections
- BNS 240 — Giving false information respecting an offence committed
- BNS 241 — Destruction of document or electronic record to prevent its production as evidence
- BNS 242 — False personation for purpose of act or proceeding in suit or prosecution
- BNS 243 — Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
- BNS 244 — Fraudulent claim to property to prevent its seizure as forfeited or in execution
- BNS 246 — Dishonestly making false claim in Court
- BNS 247 — Fraudulently obtaining decree for sum not due
- BNS 248 — False charge of offence made with intent to injure
- BNS 249 — Harbouring offender
- BNS 250 — Taking gift, etc., to screen an offender from punishment