IPC Section 208: Fraudulent Decree for Sum Not Due

1. State the Code

Section 208 of the Indian Penal Code (IPC) deals with the offence of “Fraudulent Decree for Sum Not Due”.

2. Explanation

Whoever fraudulently obtains a decree for a sum of money, or for other property, which is not due to him, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

3. Illustration

Let’s say A owes B ₹10,000. B, through fraudulent means, convinces the court that A owes him ₹20,000. The court, believing B’s false claims, issues a decree in B’s favor for ₹20,000. In this scenario, B has committed an offence under Section 208 of the IPC as he obtained a decree for a sum not due to him.

4. Common Questions and Answers

Q: What constitutes “fraudulent” in this context?
A: “Fraudulent” means obtained through deception, misrepresentation, or by using other unfair means.

Q: Can the offence be committed only by the person who filed the lawsuit?
A: No, any person who knowingly aids or abets in the fraudulent obtaining of the decree can also be held liable.

Q: What is the punishment for this offence?
A: Imprisonment for up to 2 years, or fine, or both.