IPC 208 vs BNS 208
● Retained in BNSFraudulently suffering decree for sum not due
Section 208 of the Indian Penal Code, 1860, deals with cases where a person fraudulently suffers a decree to be passed against them for an amount not actually due, with the intention of causing injury to creditors. This provision is aimed at protecting creditors from fraudulent tactics by debtors.
Key points:
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A person may collude with another to obtain a false decree for a non-existent debt.
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This fraudulent decree could diminish the assets available to genuine creditors.
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Punishment: Imprisonment up to 2 years, or fine, or both.
For example, a debtor may intentionally allow a decree for a false debt in favor of a friend to reduce the assets available to repay actual creditors. The law prevents such collusive decrees from harming lawful creditors.
Fraudulently suffering decree for sum not due
Section 208 of the Bharatiya Nyaya Sanhita, 2023, retains the same provision as IPC 208. It penalizes individuals who fraudulently permit a decree for money not due to be passed against them, intending to defraud their genuine creditors.
Key points:
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The fraudulent decree must be knowingly suffered by the debtor.
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The intention should be to harm lawful creditors or diminish their recovery.
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Punishment remains: Imprisonment up to 2 years, or fine, or both.
For instance, if a debtor allows a decree of ₹5 lakh to be falsely passed in favor of an associate, their real creditors might lose access to the debtor’s property. This law ensures that justice in debt recovery is not obstructed by collusion.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 208 to BNS BNS 208.