IPC 210 vs BNS 210
● Retained in BNSFraudulently obtaining decree for sum not due
Section 210 of the Indian Penal Code, 1860, addresses situations where a person fraudulently obtains a decree for money not actually due. This section targets those who misuse judicial processes by presenting false claims and fraudulently securing court decrees.
Key aspects:
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The decree must be obtained fraudulently and dishonestly.
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The sum claimed must not be legally due.
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Punishment: Imprisonment up to 2 years, or fine, or both.
For example, a creditor may falsely claim that a debtor owes them ₹1 lakh and, by fraud, manage to secure a court decree. Such actions not only cheat individuals but also weaken public trust in the judicial system. IPC 210 ensures that decrees are not obtained through dishonest tactics.
Fraudulently obtaining decree for sum not due
Section 210 of the Bharatiya Nyaya Sanhita, 2023, retains the same provisions as IPC 210. It punishes anyone who fraudulently secures a decree for an amount not legally owed, intending to cause wrongful gain to themselves or wrongful loss to others.
Key aspects:
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Applies to fraudulent decrees obtained through misrepresentation.
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Ensures fairness in judicial proceedings.
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Punishment: Imprisonment up to 2 years, or fine, or both.
For instance, a person filing a false money claim and obtaining a decree in their favor through deception would fall under this offence. BNS 210 upholds the principle that fraudulent decrees cannot stand in law and those responsible must face punishment.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 210 to BNS BNS 210.