Section 245 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 245 of the Bharatiya Nyāya Saṃhitā (BNS), 2023, from Chapter XIV: False Evidence & Offences against Public Justice:
📘 Section 245 – Fraudulently Suffering Decree for Sum Not Due
Statutory Text:
“Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.” (vakilsearch.com)
🧩 Key Elements
Fraudulently causes or suffers a decree/order in a civil suit:
For a sum not actually due or exceeds the due amount, or
For property or interest to which the person isn’t entitled.
Also covers execution of a decree/order already satisfied (i.e., double recovery).
Mens rea required: must be done fraudulently, i.e., with deceptive intent.
Punishment:
Up to 2 years’ imprisonment (simple or rigorous),
Fine, or both. (vidhijudicial.com)
✍️ Illustration
Example:
A lawsuit is filed claiming ₹100,000. The defendant (Z), aware it's untrue, doesn’t contest it, allowing a decree for ₹100,000. If Z does so to facilitate fraudulent recovery or share proceeds, he has committed an offence under Section 245. (kanoongpt.in)
🧭 Comparison with IPC
Closely parallels IPC Section 209, which punishes appearing in civil proceedings with intent to deceive or cause wrongful gain—also up to 2 years’ imprisonment, fine, or both.
However, BNS Section 245 emphasizes:
Suffering the decree (i.e., not just filing false claims),
Execution of decrees already satisfied, and
Applies both to sum claims and property interests. (mha.gov.in, vakilsearch.com, apnilaw.com)
Essentially, BNS extends and clarifies the offence to a broader class of fraudulent civil-decree activity.
✅ Summary at a Glance
| Aspect | BNS Section 245 |
|---|---|
| Offence | Fraudulently allowing or enabling a decree/order for an undue claim or property |
| Intent Requirement | Must be fraudulent, i.e., deceptive or dishonest |
| Penalty | Up to 2 years’ imprisonment, or fine, or both |
| Scope | Covers sum claims, property interests, and executed/paid decrees |
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