Introduction of 247 BNS
247 BNS deals with the offence of fraudulently obtaining a decree or order from a court for money or property that is not due. It also covers cases where someone wrongfully obtains a decree for a larger sum than owed, or causes an already satisfied decree to be executed again. This section ensures that no one can misuse the judicial process to gain unfair benefits through deception.
The Bharatiya Nyaya Sanhita (BNS) Section 247 replaces the old Indian Penal Code (IPC) Section 210.
What is BNS Section 247 ?
BNS Section 247 punishes anyone who fraudulently gets a court order to claim money, property, or other assets that they are not entitled to. This includes cases where someone obtains more money than what is due or causes an already settled court order to be wrongfully executed again.
Under Section 247 of the bns act 2023
“Whoever fraudulently obtains a decree or order for a sum not due, or for a larger sum than due, or causes a decree which has been satisfied to be executed again, or permits such acts to be done in his name, shall be punished with imprisonment up to two years, or with fine, or with both.”
1. Meaning of “Fraudulently Obtaining Decree”
- It refers to dishonestly getting a court order for money, property, or assets that are not legally owed.
- It includes exaggerating claims to obtain more than what is actually due.
- It also applies when someone enforces a satisfied decree a second time to recover money or property already settled.
2. Who is Covered?
This section applies to:
- Plaintiffs who exaggerate or invent claims to secure undue decrees.
- Defendants colluding in fraudulent decrees.
- Individuals allowing their name to be used in a fraudulent decree.
- Any person who executes or re-executes a decree already satisfied.
3. Nature of the Offence
- Non-Cognizable → Police cannot arrest without magistrate’s permission.
- Bailable → Accused can apply for bail as a matter of right.
- Non-Compoundable → Cannot be settled privately between parties.
- Triable by Magistrate of First Class → Heard in lower criminal courts.
4. Examples of BNS Section 247
- Example 1 – Inflated Claim: A man is owed ₹20,000 but fraudulently obtains a decree for ₹1,00,000. → Punishable under Section 247.
- Example 2 – Double Execution: A woman obtains a decree for ₹50,000 and the debtor pays. Later, she fraudulently enforces the decree again for the same amount. → Punishable under this section.
- Example 3 – Using Another’s Name: A person allows his name to be used to fraudulently obtain a property decree he knows he has no right to. → Covered under Section 247.
5. Punishment under BNS Section 247
- Imprisonment: Up to 2 years.
- Fine: As decided by the court.
- Both: Depending on severity, both imprisonment and fine may be imposed.
6. Importance of BNS Section 247
- Prevents abuse of judicial process by false claims.
- Protects creditors and debtors from dishonest litigation.
- Ensures fairness in execution of decrees.
- Acts as a deterrent against collusion and fraud in civil disputes.
Section 247 BNS Overview
BNS Section 247 deals with situations where someone fraudulently obtains a court order for money or property they are not entitled to, or more than they should receive. It also punishes those who allow such a fraudulent order to be carried out in their name or try to enforce an already satisfied court order. The section aims to prevent dishonest claims that misuse the legal process.
10 Key Points of BNS Section 247
- Fraudulent Claim of a Decree:
- This section applies to people who fraudulently obtain a court decree for money, property, or an interest they are not entitled to. For instance, if someone claims property in a court order that they have no rightful claim over, it is a violation of this law.
- Larger Sum Claimed:
- It also covers situations where a person fraudulently claims a larger amount than what is actually due to them. For example, if a person is owed ₹10,000 but fraudulently gets a court order for ₹50,000, this act is punishable.
- Execution of Already Satisfied Decree:
- If a court order has been satisfied (settled), but the person still causes it to be enforced, they are guilty under this section. This prevents people from trying to enforce claims that have already been resolved.
- Fraudulent Decree Passed in Another’s Name:
- Even if someone allows a fraudulent decree to be carried out in their name, they can be held liable under this section. For example, letting someone else use your name to fraudulently obtain money or property through court orders is illegal.
- Intent to Deceive:
- The key element of this offense is the fraudulent intention to deceive. The person knowingly engages in fraud to receive property or money they are not entitled to. Without this intent, the act does not fall under this section.
- Imprisonment for Two Years:
- The maximum punishment under this section is imprisonment for up to two years. The severity of the punishment depends on the nature and extent of the fraud committed.
- Fine:
- In addition to imprisonment, or as an alternative, the offender may be required to pay a fine. The amount of the fine is determined based on the value of the fraud.
- Bailable Offense:
- BNS Section 247 is a bailable offense, meaning the accused person can be released on bail while awaiting trial.
- Non-Cognizable Offense:
- This offense is non-cognizable, meaning the police cannot arrest the accused without a warrant, and the case can only proceed with the approval of a magistrate.
- Tried by Magistrate of the First Class:
- The offense under BNS Section 247 is triable by a Magistrate of the first class, meaning it is handled in lower courts that deal with minor criminal cases.
Two Simple Examples :
- Example 1: False Loan Decree:
- Rajesh owed ₹1 lakh to his friend Suresh. Suresh went to court and got a decree for ₹1 lakh. However, Suresh fraudulently obtained another court order claiming ₹2 lakh instead of ₹1 lakh. This act of falsely increasing the claim falls under BNS Section 247.
- Example 2: Double Recovery:
- Anjali had a decree from the court for ₹50,000, which her debtor had already paid. However, Anjali fraudulently filed another claim, asking for the same amount again after it had been settled. This action is punishable under BNS Section 247 because the decree was already satisfied.
BNS 247 Punishment
- Imprisonment:
- A person can be sentenced to imprisonment for up to two years.
- Fine:
- In addition to or instead of imprisonment, the offender can be liable to pay a fine.
BNS 247 bailable or not ?
Bailable: Yes, BNS Section 247 is a bailable offense, meaning the accused can apply for bail and may be released from custody while awaiting trial.
Comparison — BNS 247 vs IPC 210
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 247 | Covers anyone who fraudulently obtains a decree or court order for money or property not due, or for a larger amount than owed, or executes a satisfied decree again. | Imprisonment up to 2 years, or fine, or both — depending on the extent of fraud. | Bailable | Non-Cognizable | Magistrate of the First Class |
| IPC Section 210 (Old) | Dealt with fraudulently obtaining or executing decrees for amounts not due or already satisfied. Aimed at preventing abuse of court decrees for unjust gain. | Same punishment — imprisonment up to 2 years, or fine, or both. | Bailable | Non-Cognizable | Magistrate of the First Class |
| Key Difference: BNS 247 replaces IPC 210 with modernized language and broader scope — explicitly including digital or electronic decree frauds and clarifying liability for those who permit fraud in their name. The punishment remains the same, ensuring stricter enforcement against deceit in civil judgments. | |||||
BNS Section 247 FAQs
What does BNS Section 247 cover?
It covers situations where a person fraudulently obtains a court decree or order for money or property they are not entitled to or for a larger sum than due.
What is the maximum punishment under BNS Section 247?
The maximum punishment is imprisonment for up to two years, or a fine, or both.
Is BNS Section 247 a bailable offense?
Yes, it is a bailable offense, meaning the accused can apply for bail.
Can someone be punished for allowing fraudulent actions in their name?
Yes, if someone permits fraudulent activities to be carried out in their name, they can be punished under this section.
Which court handles cases under BNS Section 247?
Cases under BNS Section 247 are tried by a Magistrate of the first class.
Conclusion
BNS Section 247 ensures that courts are not misused for fraudulent gain. By punishing those who obtain false or inflated decrees, or re-enforce satisfied ones, the law safeguards fairness and prevents dishonest parties from exploiting the system. With punishments of up to two years’ imprisonment, fine, or both, it stands as a clear warning that fraudulent litigation will not be tolerated. This provision continues the protection previously available under IPC Section 210 but in clearer terms under the new code.
Need Legal Support?
If you are dealing with court cases, marriage problems, or any other legal issue, our team at Marriage Solution – Lawyer Help is here for you. Simply fill out our quick online enquiry form, and we’ll connect you with the right legal expert to support your needs.
Finished with BNS 247 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 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/
- BNS 251 : Offering money, gifts, or giving back property in return for hiding or protecting an offender from punishment.
- https://marriagesolution.in/bns_section/bns-251/
- BNS 252 : Taking gift to help to recover stolen property, etc.
- https://marriagesolution.in/bns_section/bns-252/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list