Introduction of 245 BNS
Bharatiya Nyaya Sanhita (BNS) Section 245 targets the dishonest practice of fraudulently suffering or allowing a decree for a sum not actually due (or permitting execution of a decree already satisfied). In short, it punishes collusion or deception that leads to a false judgment or double recovery. The provision protects courts, creditors, and innocent parties from manufactured judgments and misuse of execution processes. Where parties conspire to let a wrongful decree stand — or enforce a decree that has already been satisfied — BNS 245 makes clear that the law will treat such behaviour as a criminal fraud.
The Bharatiya Nyaya Sanhita (BNS) Section 245 replaces the old Indian Penal Code (IPC) Section 208.
What is BNS Section 245 ?
BNS Section 245 is a law that punishes people who fraudulently allow a court to pass or enforce a judgment against them for money or property that they do not owe. It ensures that no one can misuse the legal system for dishonest purposes, either for themselves or for others.
Under Section 245 of the bns act 2023
“Whoever fraudulently suffers a decree or order for a sum of money or for the delivery of any movable property which is not due, or knowingly allows execution to be levied upon a decree which has been satisfied, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.”
1. Meaning of “Fraudulently Suffering Decree for Sum Not Due”
- The phrase covers situations where a person permits a court to pass judgment (a decree) in favour of another for money or movable property that the person does not actually owe.
- It also includes allowing a decree already satisfied (i.e., the debt already paid) to be executed again so that someone gains improperly.
- The offence requires fraud or dishonest intent — mere negligence or oversight is not enough. The person must willingly cooperate in producing or letting a false or undue decree be made or enforced.
2. Who is Covered?
This section applies to:
- Debtors or respondents who knowingly allow an undue decree to be passed against them.
- Persons who collude with claimants to obtain a false judgment for gain (for example, sharing proceeds of a fraudulent decree).
- Any party who knowingly lets execution proceed on a decree already satisfied, thereby enabling unjust recovery.
3. Nature of the Offence
- Fraudulent / Dishonest Act → The core element is intent to defraud or to benefit unfairly.
- Non-Cognizable → Police cannot arrest without magistrate permission (prosecution typically follows complaint).
- Bailable → Accused may apply for bail.
- Non-Compoundable → Cannot be privately settled between parties; matter proceeds in court.
- Triable by Magistrate of the First Class (or as per local procedure) — i.e., lower criminal courts handle the matter.
4. Examples of BNS Section 245
- Example 1 – False Money Decree: Ram has no liability to Shyam, but colludes with Shyam to let a court pass a decree that Ram owes ₹1,00,000. The decree is then executed and the money shared between them. → Offence under Section 245.
- Example 2 – Execution of Satisfied Decree: Geeta had repaid a loan, but her creditor arranges to execute the same decree again with Geeta’s consent; the creditor recovers money twice. → Punishable under this section.
- Example 3 – No Offence: If a defendant genuinely admits to a claim because they believe it to be true, without any fraudulent motive, Section 245 is not attracted.
5. Punishment under BNS Section 245
- Imprisonment: Up to 2 years.
- Fine: As determined by the court.
- Both: Court may impose imprisonment and fine together depending on gravity and facts.
The sentence depends on seriousness, amount involved, and degree of collusion or dishonesty.
6. Importance of BNS Section 245
- Protects the integrity of judicial process by preventing manufactured or collusive decrees.
- Prevents misuse of execution procedures to extract money or property wrongly.
- Deters collusion between parties to defraud third parties, creditors or the state.
- Preserves public confidence in courts by ensuring decrees represent genuine liabilities, not arranged frauds.
Section 245 BNS Overview
BNS Section 245 deals with situations where someone fraudulently allows a court to pass a decree or order against them for money or property that is not due. It covers cases where a person either allows a judgment for an amount larger than what is actually owed or permits a decree to be enforced even after it has already been satisfied. The aim is to prevent dishonest individuals from manipulating legal processes for their benefit or the benefit of others.
BNS Section 245: 10 Key Points Explained in Detail
- Fraudulent Allowance of Decree:
- This section applies when a person intentionally allows a court to pass a judgment against them for an amount of money or property that they do not owe. The person does this knowingly, intending to commit fraud.
- Causing Decree for Undue Amount:
- A key aspect of this section is that it addresses cases where the person lets a judgment be passed for a sum or property larger than what is actually owed. This is a deliberate act to create a false legal obligation.
- Decree Passed for Non-existent Debt:
- This section also covers situations where the person allows a judgment to be passed for a debt or property that does not exist. This could happen if someone collaborates with another party to share the proceeds of a fraudulent judgment.
- Execution of Satisfied Decree:
- The section applies when a person allows a decree to be executed (enforced) against them even after it has been fully satisfied, meaning the debt has been paid or the property has been settled. This fraudulent act can harm the legal process by wrongfully enforcing a settled case.
- Manipulating Legal Process:
- BNS Section 245 is designed to prevent people from misusing the legal process for personal gain. Allowing a fraudulent judgment to be passed or executed creates legal confusion and unfairly benefits the person committing the fraud or their accomplices.
- Offense Involves Fraud and Deception:
- The essence of this section is that the offense involves fraud and dishonesty. The person intentionally causes or suffers the decree to pass or be executed, knowing it is unjust.
- Applicable to Property and Financial Claims:
- The section applies to both financial claims (like debts or sums of money) and property-related claims. Any fraudulent act that affects these legal areas is covered under this law.
- Punishment for Offense:
- A person convicted under BNS Section 245 can be punished with imprisonment for up to two years. This shows that the legal system takes such fraud seriously and aims to discourage such actions.
- Fine for Offense:
- In addition to imprisonment, the person may also be fined. The fine amount is decided by the court based on the details of the case. The court may impose either a fine, imprisonment, or both, depending on the circumstances.
- Bailable Offense:
- The offense under BNS Section 245 is bailable, meaning the accused can apply for bail and be released from custody while awaiting trial. The magistrate has the authority to grant bail.
Examples
- Example 1:
- Ravi owes ₹50,000 to Aman. Aman sues Ravi in court, but Ravi secretly agrees with another person, Sohan, to fraudulently suffer a judgment where Sohan falsely claims ₹1,00,000 from Ravi. The court passes this judgment, even though Sohan had no legal right to the money. This action is covered under BNS Section 245.
- Example 2:
- Priya had already paid off a loan to Shruti, but Shruti fraudulently files for a decree to claim the amount again. Instead of defending herself, Priya fraudulently allows the decree to be passed and executed, despite knowing the loan has been settled. This is an offense under BNS Section 245.
BNS 245 Punishment
- Imprisonment: A person found guilty under this section can face up to two years of imprisonment.
- Fine: The court may also impose a fine in addition to, or instead of, imprisonment.
BNS 245 bailable or not ?
Yes, BNS Section 245 is a bailable offense, which allows the accused to apply for bail and be released while the trial is ongoing.
Comparison table — BNS 245 vs IPC 208
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 245 | Covers anyone who fraudulently allows a decree or order for money or movable property not actually due, or permits execution of a satisfied decree. | Imprisonment up to 2 years, or fine, or both — depending on the degree of fraud or collusion. | Bailable | Non-Cognizable | Magistrate of the First Class |
| IPC Section 208 (Old) | Punished anyone who fraudulently suffered a decree or execution for an amount not due or already paid — collusive judgments and false recoveries covered. | Imprisonment up to 2 years, or fine, or both — same as under BNS. | Bailable | Non-Cognizable | Magistrate of the First Class |
| Key Difference: BNS 245 modernises IPC 208 with clearer terms and includes digital or electronic decree frauds. Punishment remains identical, but BNS 245 explicitly targets collusive judgments and double recovery scams under updated legal language. | |||||
BNS Section 245 FAQs
What is the main purpose of BNS Section 245?
BNS Section 245 aims to punish individuals who fraudulently allow a court to pass or execute a decree for money or property that they do not owe, thus protecting the integrity of the legal system.
What is the punishment under BNS Section 245?
The punishment can be up to two years of imprisonment, a fine, or both, depending on the severity of the offense.
Is BNS Section 245 a bailable offense?
Yes, BNS Section 245 is a bailable offense, meaning the accused can apply for bail while awaiting trial.
What type of cases fall under BNS Section 245?
Cases where someone fraudulently allows a court to pass a decree for an amount larger than owed, or for a non-existent debt, are covered under this section. It also applies when someone allows an already settled decree to be enforced again.
Who can trial cases under BNS Section 245?
Cases under BNS Section 245 are triable by a Magistrate of the first class.
Is the offense under BNS Section 245 cognizable?
No, BNS Section 245 is a non-cognizable offense, meaning the police cannot arrest the accused without a warrant.
Conclusion
BNS Section 245 is a vital protection against collusive litigation and fraudulent recovery. By criminalising the deliberate suffering or enforcement of decrees that are not due (or have already been satisfied), the law prevents misuse of the judicial process and ensures that court orders reflect genuine liabilities. With penalties of imprisonment and/or fine, the provision deters parties from manufacturing judgments or profiting from legal duplicity — preserving the integrity of civil enforcement and public confidence in courts.
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Finished with BNS 245 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 246 BNS : Dishonestly making false claim in Court.
- https://marriagesolution.in/bns_section/246-bns/
- 247 BNS : Fraudulently obtaining decree for sum not due.
- https://marriagesolution.in/bns_section/247-bns/
- BNS 248 : False charge of offence made with intent to injure.
- https://marriagesolution.in/bns_section/bns-248/
- 249 BNS : Harbouring offender.
- https://marriagesolution.in/bns_section/249-bns/
- BNS 250 : Taking money, gifts, or any benefit to protect an offender from being punished.
- https://marriagesolution.in/bns_section/bns-250/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list