Introduction of 210 IPC
Indian Penal Code (IPC) Section 210 deals with cases where a person fraudulently obtains a court decree or order to recover money that is not legally due to them. This section is meant to prevent people from misusing the legal system to wrongfully take money from others.
- Introduction of 210 IPC
- What is IPC Section 210 ?
- IPC 210 in Simple Points
- Section 210 IPC Overview
- Section 210 IPC case laws
- 210 IPC Punishment
- 210 IPC Bailable or non bailable
- Section 210 IPC in short information
- IPC Section 210 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is IPC Section 210 ?
This section applies when a person fraudulently obtains a court decree or order to recover money that they are not legally entitled to. If a person tricks the court into passing a judgment in their favor, even though the money is not actually owed to them, they can be punished under this law.
IPC 210 in Simple Points
1. The Person Must Have Used Fraud or Misrepresentation
- The accused must have lied, submitted fake documents, or given false testimony in court.
- Simply making a mistake in a legal case is not enough to be guilty under this section.
- Example: A person creates a fake loan agreement and presents it in court to claim money from someone who never actually took a loan.
2. The Court Must Have Issued a Decree or Order
- The fraud must have resulted in a court order asking another person to pay money.
- If a person tries to deceive the court but fails, IPC 210 does not apply (but other fraud-related laws might).
- Example: A files a false case claiming that B borrowed ₹5 lakh. If the court rejects A’s claim, IPC 210 does not apply. But if the court issues an order asking B to pay, A can be punished under this section.
3. The Decree Must Have Been Executed (Used to Recover Money)
- The law applies only if the false decree is acted upon and the accused tries to recover money using the fake court order.
- If someone gets a false decree but does not use it, they may not be punished under IPC 210.
- Example: A businessman gets a fake court order saying a competitor owes him ₹10 lakh. If he actually uses this order to seize the competitor’s money or property, IPC 210 applies.
4. Punishment – Jail or Fine or Both
- A person guilty under IPC 210 can be punished with:
- Up to 2 years of imprisonment, OR
- A fine, OR
- Both imprisonment and fine together
- The severity of punishment depends on how serious the fraud was and the amount of money involved.
5. It is a Bailable and Non-Cognizable Offense
- Bailable: The accused can apply for bail and avoid staying in jail during the trial.
- Non-Cognizable: The police cannot arrest the accused without permission from the court.
- Trial is conducted by a Judicial Magistrate of First Class, meaning it is handled at the lower court level.
Section 210 IPC Overview
Whoever fraudulently obtains a decree or order against any person for a sum not due, shall be punished with imprisonment which may extend to two years, or with fine, or with both
10 Key Points Explained in Detail
1. Fraudulent Act is Necessary
- The person must have used fraud, misrepresentation, or deceit to obtain the decree.
- If someone genuinely believes they are entitled to the money, but the court later decides otherwise, it will not be a crime under this section.
- Example: A files a case against B, falsely claiming that B took a loan but did not repay it. A submits fake documents as proof.
2. Obtaining a False Decree or Order
- The accused must have obtained a court decree through false or dishonest means.
- A decree is a final judgment where the court orders one party to pay a sum of money or fulfill an obligation.
- If the decree was obtained by mistake or due to a genuine misunderstanding, this section will not apply.
3. Intention to Deceive the Court
- The accused must have deliberately lied or presented false information to get a court order in their favor.
- Simply filing a wrong case or making a false claim is not enough; the person must have knowingly tried to deceive the court.
- Example: A person submits a fake contract in court, knowing it is false, to force another person to pay money.
4. Execution of the Decree is Required
- The offense is complete only if the decree is acted upon to recover the money.
- If someone obtains a fraudulent decree but does not enforce it, they may not be guilty under Section 210.
- Example: A gets a false court order to recover ₹5 lakh from B but never actually collects the money.
5. No Legal Right to the Money
- The accused must not have a genuine legal right to the money they are trying to recover.
- If a person is legally entitled to the money but makes an incorrect legal claim, they may have a civil case but not a criminal offense under IPC 210.
6. Punishment – Imprisonment or Fine
- If found guilty, the person can be punished with:
- Up to 2 years of imprisonment, or
- Fine, or
- Both imprisonment and fine together.
- The punishment depends on the seriousness of the fraud and the amount of money involved.
7. Type of Offense – Non-Cognizable
- Non-cognizable means that the police cannot arrest the accused without permission from the court.
- The victim must file a complaint, and the court must decide whether the case should proceed.
8. Bailable Offense
- The accused has the right to get bail from the court.
- Since it is a bailable offense, the person accused does not have to stay in jail while the case is ongoing if they can provide bail.
9. Trial Conducted by a Magistrate
- The case is handled by a Judicial Magistrate of First Class because it is a minor criminal offense.
- The magistrate examines the evidence and decides if the accused is guilty of fraudulently obtaining the decree.
10. Civil and Criminal Consequences
- The fraudulent decree can be challenged in a civil court to get it canceled.
- At the same time, the person who obtained the decree by fraud can face criminal punishment under IPC 210.
- This means the guilty person may have to return the money and also face imprisonment or a fine.
Example Case of IPC Section 210
A businessman, Mr. X, files a case against his former partner, Mr. Y, claiming that Y owes him ₹10 lakh. He presents fake invoices and false witness statements in court. The court, believing the evidence, issues a decree asking Y to pay ₹10 lakh. Later, Y proves in another court that the invoices were fake. Mr. X can now be prosecuted under IPC Section 210 for fraudulently obtaining a decree for a sum not due.
Section 210 IPC case laws
1. Case: False Loan Agreement to Recover Money
- Facts: A businessman filed a lawsuit claiming that his former employee took a loan of ₹5 lakh but failed to repay it. He presented fake promissory notes in court.
- Result: The employee provided evidence that no such loan was ever taken. The court revoked the decree and the businessman was convicted under IPC Section 210.
2. Case: Forged Property Documents for Ownership
- Facts: A person created fake land ownership documents and obtained a court decree stating that a particular land belonged to them.
- Result: The real owner challenged the decree in a higher court. The court verified the forgery, canceled the previous order, and charged the fraudster under IPC Section 210.
3. Case: Non-Existent Debt Claim with Fake Witnesses
- Facts: A lender falsely claimed that a borrower had taken ₹10 lakh and failed to repay it. He used fake witnesses in court.
- Result: The borrower submitted bank statements proving that no such loan existed. The fraudulent lender was prosecuted under IPC Section 210 and fined ₹50,000.
4. Case: Duplicate Claim After Debt Settlement
- Facts: A creditor received full repayment of a ₹3 lakh loan but later approached the court again, pretending that the loan was still unpaid. He obtained a decree for the same amount.
- Result: The debtor showed proof of previous repayment. The court dismissed the false decree and initiated criminal action against the creditor under IPC Section 210.
5. Case: Fraud in Business Contract Enforcement
- Facts: A business owner misrepresented contract terms in court, claiming that a supplier owed him ₹15 lakh, even though the supplier had already fulfilled all obligations.
- Result: The supplier presented the original contract, exposing the fraud. The court canceled the decree and punished the business owner under IPC Section 210 with six months of imprisonment.
210 IPC Punishment
Imprisonment – Up to 2 years
Fine – As decided by the court
Both – The court can impose both imprisonment and a fine
210 IPC Bailable or non bailable
- Bailable – The accused can apply for bail
- Non-Cognizable – Police cannot arrest without court permission
- Triable by Judicial Magistrate of First Class
Section 210 IPC in short information
| IPC Section | Offense | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| Section 210 IPC | Fraudulently obtaining a court decree for a sum not due | Up to 2 years imprisonment, or fine, or both | Bailable (Accused can apply for bail) | Non-Cognizable (Police cannot arrest without court permission) | Judicial Magistrate of First Class |
IPC Section 210 FAQs
What constitutes an offense under Section 210 IPC?
Obtaining a court decree or order through fraudulent means for a sum or property not due, or for an amount larger than what is due, constitutes an offense under Section 210 IPC.
What are the possible punishments if found guilty under Section 210 IPC?
The punishment can extend to imprisonment for up to two years, a fine, or both.
Is an attempt to obtain a fraudulent decree punishable under this section?
Section 210 IPC specifically addresses the act of fraudulently obtaining a decree. An attempt, if not resulting in a decree, may not fall under this section but could be punishable under other relevant laws.
Can a person be prosecuted under Section 210 IPC if the fraudulent decree was not executed?
Yes, the offense lies in obtaining the fraudulent decree itself, regardless of whether it was executed or not.
What is the procedure to challenge a decree obtained fraudulently?
The aggrieved party can file an appeal or a separate suit to set aside the fraudulent decree and may also lodge a criminal complaint leading to prosecution under Section 210 IPC.
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