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Section 247: Fraudulently Obtaining Decree for Sum Not Due

Bharatiya Nyaya Sanhita • Chapter XII: Of Contempts of Lawful Authority of Public Servants • Official Statutory Text & Legal Guide

Chapter XII: Of Contempts of Lawful Authority of Public Servants
Magistrate 1st Class
Bailable
Non-Cognizable
Formerly Sec 210 IPC
Section 246 All 358 Sections of Bharatiya Nyaya Sanhita Section 248

Legal Commentary & Landmark Judgments: Section 247

Section 247 punishes fraudulently obtaining a decree or order for a sum not due, or for a larger sum than is due, or obtaining execution after satisfaction.

  • Obtaining Decree or Order: Securing a judgment, decree, or execution order from a court.
  • No Debt Due: The sum claimed is not due, or was already paid, or property not belonging to judgment-debtor is targeted.
  • Fraudulent Deceit: Obtained through concealment, suppression, or fraudulent misrepresentation.
Key Landmark Precedents:
  • S.P. Chengalvaraya Naidu v. Jagannath (1994) 1 SCC 1: The Supreme Court held that non-disclosure of a release deed to fraudulently obtain a preliminary decree is fraud on the court, vitiating the decree.
  • Indian Bank v. Satyam Fibres (India) Pvt. Ltd. (1996) 5 SCC 550: The Apex Court affirmed its inherent power to recall orders obtained by fraud and initiate criminal proceedings against the perpetrator.
Courtroom Practice & Strategic Litigation Guidance:

Produce bank clearance certificates or registered satisfaction memos to prove the debt was paid prior to execution, establishing fraudulent procurement under Section 247.

Section 246 All 358 Sections of Bharatiya Nyaya Sanhita Section 248