Fraudulently obtaining decree for sum not due
Section 247 of the Bharatiya Nyaya Sanhita, 2023 deals with fraudulently obtaining decree for sum not due. Whoever fraudulently obtains a decree or order against any person for a sum not due, or for a larger sum than is due or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for The Act came into force on 01 Jul 2024.
Whoever fraudulently obtains a decree or order against any person for a sum not due, or for a larger sum than is due or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 247, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 210 Fraudulently obtaining decree for sum not due Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Fraudulently obtaining a decree for a sum not due, or causing a decree to be executed after it has been satisfied. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ashwini Kumar vs State of Bihar& ANR.
Decided under Indian Penal Code 210, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a compromise decree in a civil property dispute has been set aside by a competent civil court and civil litigation on the same subject matter is pending determination between the parties, anticipatory bail may be granted in a criminal complaint arising from the same transaction, subject to stringent conditions ensuring the petitioner's cooperation with the trial and preventing tampering with evidence or witnesses.
On this section: Using evidence known to be false - alleged use of fabricated documents
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 247
What have the courts held on Section 247 of the Bharatiya Nyaya Sanhita?
Ashwini Kumar vs State of Bihar& ANR. (12 Feb 2018) is the leading judgment on this section among those set out below, though it was decided under IPC 210, which this section replaced -- the court never mentioned this Act: Using evidence known to be false - alleged use of fabricated documents.
Is Section 247 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 247 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 247 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 247, section 247 BNS, section 247 of the Bharatiya Nyaya Sanhita. People searching for it also type sec 247 bns. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ashwini Kumar vs State of Bihar& ANR. (12 Feb 2018).
What should I read with Section 247 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 210 (Fraudulently obtaining decree for sum not due), so the judgments decided under that provision are the case law on this one.
When did Section 247 of the Bharatiya Nyaya Sanhita come into force?
Section 247 of the Bharatiya Nyaya Sanhita, cited as BNS 247, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.