MarriageSolution.in: Reliable Legal Partner


Introduction of 245 BNS

245 BNS deals with the fraudulent act of allowing a court to pass a decree or order for money or property that is not actually owed. It also applies when someone permits a decree to be enforced after it has been settled. The section aims to prevent individuals from manipulating legal procedures for dishonest gain. If found guilty, the person can be punished with imprisonment or a fine, or both.


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.


BNS 245 addresses fraudulent acts involving court decrees.
245 BNS punishes fraudulent actions in court decree enforcement.

BNS 245 in Simple Points

  1. Fraudulent Allowance of Decree or Order:
    • This section targets individuals who knowingly allow a decree or order to be passed against them for a debt or property that is not owed. The person willingly permits the judgment, knowing it is based on false claims, with the intent to deceive the court or another party.
  2. Allowing a Larger Judgment than Owed:
    • The section also covers cases where a person allows a court to pass a judgment for an amount greater than what is actually due. For example, if someone owes ₹10,000 but allows the court to pass a judgment for ₹50,000, this act is considered fraudulent under BNS Section 245.
  3. Decree Passed or Executed for Non-Existent Debt:
    • This point deals with the scenario where someone permits a decree to be passed or executed for a debt that does not even exist. For instance, if a person has already paid off a loan but allows the lender to execute a decree to recover the same amount again, this is an offense under this section.
  4. Punishment for Fraudulent Decree:
    • A person who commits fraud under BNS Section 245 can be sentenced to imprisonment for up to two years. The court has the authority to decide the length of imprisonment depending on the severity of the fraud.
  5. Fine for Offense:
    • In addition to imprisonment, the person can also be fined. The amount of the fine will be decided by the court based on the circumstances of the case. The court can impose both imprisonment and a fine or choose one of them.

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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

  1. 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.
  2. 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

  1. Imprisonment: A person found guilty under this section can face up to two years of imprisonment.
  2. Fine: The court may also impose a fine in addition to, or instead of, imprisonment.

BNS 245 punishment includes imprisonment and/or a fine.
245 BNS Punishment: up to two years imprisonment and a fine.

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.


Bharatiya Nyaya Sanhita Section 245

SectionOffensePunishmentCognizabilityBailabilityTriable By
BNS Section 245Fraudulently suffering a decree for a sum not due or executing a satisfied decreeImprisonment up to 2 years, fine, or bothNon-cognizableBailableMagistrate of the first class
Bharatiya Nyaya Sanhita Section 245

BNS Section 245 FAQs

What is the main purpose of BNS Section 245?

What is the punishment under BNS Section 245?

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?

Who can trial cases under BNS Section 245?

Is the offense under BNS Section 245 cognizable?


Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.


Armed Forces Special Powers Act (AFSPA) in India.

AFSPA Act

KanhaiyyapahaneJul 18, 202415 min read

AFSPA act mean Armed Forces Special Powers Act (AFSPA) grants special powers to the Indian Armed Forces in areas classified as “disturbed” due to significant insurgency or internal disturbances.

Symbolic representation of the Right to Information Act with legal documents and scales of justice.

Right to Information RTI act :Your Comprehensive Guide (Part 1)

KanhaiyyapahaneMar 9, 20246 min read

Explore the essence of the Right to Information (RTI) Act through this symbolic image. The image features legal documents, emphasizing the importance of transparency and accountability in governance. The scales of justice represent the balance achieved through the citizens’ right…

special status under Article 371 of the Indian Constitution.

What is Article 371 of Indian Constitution ?

KanhaiyyapahaneMar 8, 202410 min read

Article 371 of the Indian Constitution grants special provisions to specific states and regions within India, addressing their unique historical, social, and cultural circumstances. These provisions aim to accommodate diverse needs and protect cultural identities within the constitutional framework.

"Indian Labour Law" with factory workers in the background.

Indian Labour law : Your Comprehensive Guide (Part 1)

KanhaiyyapahaneMar 8, 202416 min read

The purpose of labour laws is to safeguard employees and guarantee equitable treatment at the workplace, encompassing aspects such as remuneration, security, and perks. These regulations establish a secure ambiance by imposing minimum wage requirements, ensuring factory safety measures are…

: A colorful infographic with icons representing different aspects of GST, like a shopping cart (goods), a service person (services), a rupee symbol (tax), and a puzzle piece (unified system).

GST :Your Comprehensive Guide (Part 1 – Understanding the Basics)

Amol KanicheMar 7, 202415 min read

The Goods and Services Tax (GST) is like a big change in how we pay taxes in India. It started on July 1, 2017, and it’s here to simplify things. Before GST, we had many different taxes, and it could…

Leave a Reply

Your email address will not be published. Required fields are marked *

Optimized by Optimole