Fraudulently suffering decree for sum not due

What this section does

This section punishes a person who fraudulently causes or allows a decree or order to be passed against themselves for a sum not due, or for a larger sum than is due, or for property to which the claimant is not entitled, or who allows an already-satisfied decree to be executed against them. The illustration clarifies that colluding to allow a larger fraudulent decree to defeat a legitimate creditor falls within this section.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Imprisonment of either description for a term which may extend to 2 years, or fine, or both.

Triable by

Magistrate of First Class

Cognizable

No

Bailable

Yes

Compoundable

No

Ingredients (what prosecution must prove)

1. The accused fraudulently caused or suffered a decree or order to be passed against themselves
2. The decree was for a sum not due, or a larger sum than due, or for property or interest to which the decree-holder was not entitled; or the decree had already been satisfied but was allowed to be executed
3. The act was done fraudulently

Derived from IPC s.208.