Section 208 IPC: Fraudulently suffering decree for sum not due

Indian Penal Code, 1860

Section 208 IPC at a Glance

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

Punishment

Imprisonment of either description for up to two years.

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

Section 245 →

Section 208 IPC Bare Act Text

208. 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 208, Indian Penal Code, 1860

Section 208 IPC in Simple Words

Section 208 of the Indian Penal Code (IPC) punishes fraudulently causing or suffering a decree or order to be passed against oneself for a sum not due, or for a larger sum than is due, or for property to which the claimant is not entitled. It also punishes fraudulently causing or suffering a decree or order to be executed against oneself after it has been satisfied, or for anything in respect of which it has been satisfied.

The punishment is imprisonment of either description for a term which may extend to two years, or fine, or both. The offence is non-cognizable and bailable, and it is triable by a Magistrate of the first class.

Ingredients of Section 208 IPC

  • The accused fraudulently caused or suffered 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, or for property or interest to which such person is not entitled
  • Or the accused fraudulently caused or suffered a decree or order to be executed against him after it had been satisfied, or for anything in respect of which it had been satisfied

Punishment Under Section 208 IPC

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 208 IPC

In 2017, Kishore faced a lawsuit in Bhopal from a supplier seeking recovery of unpaid dues. To defeat the supplier's claim against his warehouse, Kishore colluded with his acquaintance Nitin, to whom he owed only twenty thousand rupees. At Nitin's suit, Kishore fraudulently suffered a decree to be passed against himself for eight lakh rupees, a much larger sum than was due, and also fraudulently suffered an earlier satisfied order to be executed against him by Nitin. Because Kishore fraudulently suffered a decree for a sum larger than due and suffered execution after satisfaction, Kishore is punishable under Section 208 IPC.

When Section 208 IPC Does Not Apply

  • The defendant contests the proceeding honestly or allows a decree or order to be passed or executed without any fraud.
  • The decree or order passed against the person is strictly for a sum genuinely owed or for property to which the claimant is lawfully entitled.
  • The decree or order executed against the person remains unpaid and has not previously been satisfied.

Section 208 IPC in the BNS

Section 208 IPC is now covered under Section 245 BNS.

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

View detailed comparison (IPC 208 vs BNS 245) →

FAQs on Section 208 IPC

What does Section 208 IPC provide?▼

It punishes whoever fraudulently causes or suffers a decree or order to be passed against him for a sum not due, a larger sum than is due, or property not entitled, or fraudulently causes or suffers execution after satisfaction.

What is the punishment under Section 208 IPC?▼

Imprisonment of either description for a term which may extend to two years, or fine, or both.

Who commits the offence under Section 208 IPC?▼

The person against whom the decree or order is fraudulently passed or executed.

Does Section 208 IPC apply to satisfied decrees?▼

Yes. It explicitly punishes fraudulently causing or suffering a decree or order to be executed against oneself after it has been satisfied, or for anything in respect of which it has been satisfied.

Is an offence under Section 208 IPC cognizable and bailable?▼

It is non-cognizable and bailable.

Which court tries an offence under Section 208 IPC?▼

A Magistrate of the first class.

Can an offence under Section 208 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 208 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 245 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·