Section 245 BNS: Fraudulently suffering decree for sum not due

Bharatiya Nyaya Sanhita, 2023

Section 245 BNS at a Glance

Section 245 BNS deals with fraudulently suffering decree for sum not due. It is bailable and non-cognizable, triable by Magistrate of the first class; it replaced Section 208 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to two years.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

IPC Equivalent

Section 208 →

Section 245 BNS Bare Act Text

245. Fraudulently suffering decree for sum not due
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.
Illustration
A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z’s property which may be made under A’s decree. Z has committed an offence under this section.

Source: Section 245, Bharatiya Nyaya Sanhita, 2023

Section 245 BNS in Simple Words

Section 245 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a person who fraudulently causes or suffers a court decree or order to be passed against himself for a sum not due, for a larger sum than is due, or for any property or interest in property to which the claimant is not entitled. It also applies where a person fraudulently causes or suffers a decree or order to be executed against himself after it has been satisfied, or for anything in respect of which it has been satisfied.

This section targets collusive litigation in which a defendant allows a false, inflated, or already satisfied decree or order to pass or be executed against himself, often so that a friendly claimant can take or share in his assets ahead of genuine creditors.

In practice, this provision protects genuine creditors and the fairness of execution proceedings by punishing debtors who use sham decrees to shield their property.

Ingredients of Section 245 BNS

Fraudulently causing or suffering a decree or order to pass against oneself for a sum not due, a larger sum than is due, or property not entitled
Or fraudulently causing or suffering a decree or order to be executed after it has been satisfied

Punishment Under Section 245 BNS

Imprisonment

Imprisonment of either description for up to two years.

Fine

The offender may be punished with fine alone or with both imprisonment and fine. The section fixes no amount.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Fraudulently suffering a decree to pass for a sum not due or suffering execution after satisfaction carries imprisonment for up to two years, or fine, or both.

Example of Section 245 BNS

Arun files a civil suit against Mohan to recover a debt. Mohan, knowing that Arun is likely to get a decree against him, colludes with his friend Suresh and fraudulently allows a court decree to be passed against Mohan for an invented debt of two lakh rupees in favour of Suresh, who has no genuine claim. Mohan does this so that Suresh can claim a share in the sale proceeds of Mohan's shop when Arun executes his decree. Mohan is liable under Section 245 BNS because he fraudulently suffered a decree to be passed against him for a sum not due.

When Section 245 BNS Does Not Apply

The accused did not fraudulently cause or suffer the decree or order to be passed or executed against him
The decree or order was for a sum actually due or for property to which the claimant was entitled, and it was not executed after it had been satisfied or for anything in respect of which it had been satisfied

Section 245 BNS in the IPC (Previous Law)

Section 245 BNS replaces Section 208 IPC from the old criminal code.

Section 208 IPC is now Section 245 BNS, with the same title, the same words and the same punishment.

View IPC Section 208 →

FAQs on Section 245 BNS

What does Section 245 BNS punish?▼

It punishes a person who fraudulently causes or allows a decree or order to be passed against himself for a sum not due, for more than is due, or for property or an interest in property to which the claimant is not entitled. It also punishes fraudulently causing or allowing a decree or order to be executed against oneself after it has been satisfied.

Does Section 245 BNS apply only after a civil suit is filed?▼

Yes, it applies when a decree or order is fraudulently caused or suffered to be passed against the accused at the suit of another person, or executed against the accused after it has been satisfied. It covers decrees or orders for money as well as for property or an interest in property.

Is the offence under Section 245 BNS bailable?▼

Yes, it is bailable. In practice, the accused can seek bail as a matter of right, subject to the usual legal process. The offence is also non-cognizable and non-compoundable.

Under Section 245 BNS, can a wrong claim in a civil case automatically become a criminal offence?▼

No. A simple mistake, accounting error, or genuine dispute is not enough. The prosecution must show that the accused acted fraudulently in causing or allowing the false or already satisfied decree or order to be passed or executed against him.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·