What is Section 208 IPC? Fraudulently suffering decree for sum not due
Published on: Lawiz Team
Learn about Section 208 IPC: Fraudulently suffering decree for sum not due
Official Legal Text
Whoever fraudulently causes or suffers a decree or order to be passed against him in any suit or proceeding for a sum not due, or for a larger sum than is due, or for any property or interest in property not due or not possessed by him, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 208 punishes anyone who fraudulently allows a court to pass a decree for an amount that is not actually due.
Purpose
To prevent individuals from abusing the legal process to create false liabilities.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 2 years, or fine, or both.
Key Elements
1. The person must allow a decree for a sum not due. 2. The action must be fraudulent. 3. The intention must be to create a false liability.
Punishment Details
Imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Legal Defenses
If the person can prove they were unaware of the fraudulent nature of the decree.
Judicial Interpretation
Courts focus on whether the person intentionally allowed the false decree.
Illustration
If a person allows a court to pass a decree against them for a false loan amount to protect their assets, they can be punished under Section 208.
FAQs
What does Section 208 IPC define?
Fraudulently suffering decree for sum not due.
Where is Section 208 IPC commonly applicable?
It applies in cases involving fraudulently suffering decree for sum not due during court proceedings or investigations.
Why is Section 208 IPC important?
It ensures judicial integrity and punishes fraudulent and misleading actions related to justice.
Can you provide an example involving Section 208 IPC?
Examples include destroying evidence or fraudulently making a false claim in court.
What punishment is prescribed under Section 208 IPC?
Punishments vary but usually include imprisonment, fines, or both.
Is Section 208 IPC related to other sections?
Yes, it is connected with sections dealing with evidence, obstruction, fraud, and court offences.
How do courts interpret Section 208 IPC?
Courts interpret strictly to prevent obstruction of justice and fraudulent behavior in legal processes.