Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 247: Fraudulently Obtaining Decree for Sum Not Due
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.
Brief Detail
BNS Section 247 addresses the fraudulent procurement of decrees, ensuring that individuals cannot unjustly benefit from court orders for sums or properties they are not entitled to.
Question & Answers
Q1: What actions are considered fraudulent under Section 247?
A1: Actions include obtaining a decree for an amount not due, executing a decree after it has been satisfied, or allowing such acts to be done in one’s name.
Example
Example Scenario:
If A fraudulently obtains a court order for a larger amount than what is owed to him by B, or if he allows someone to misuse his name to obtain such a decree, A has committed an offence under this section.
Summary
BNS Section 247 serves to prevent abuse of the legal system by penalizing individuals who fraudulently acquire judicial decrees for unjust gain.
