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KembaraXtra - Bharatiya Nyaya Sanhita - Section 247: Fraudulently Obtaining Decree for Sum Not Due
Introduction
Section 247 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes fraudulent misuse of a decree or order of a Court.
The provision covers not only obtaining a decree or order for money or property to which a person is not entitled, but also fraudulently executing a decree or order after it has already been satisfied. It further extends liability to a person who fraudulently allows such misuse to occur in his name.
The essence of the section is:
Fraudulent use of judicial decree or order to obtain more than what is legally due.
Q1. What does Section 247 provide?
Answer:
Section 247 punishes a person who fraudulently:
1. Obtains a decree or order against another person:
o For a sum not due;
o For a larger sum than is due;
o For property to which he is not entitled; or
o For an interest in property to which he is not entitled;
2. Causes a decree or order to be executed:
o After it has already been satisfied; or
o For something in respect of which it has already been satisfied;
3. Suffers or permits any such act to be done in his name.
Q2. What is the object of Section 247?
Answer:
The object is to protect the integrity of judicial decrees and orders from fraudulent misuse.
A decree or order of Court must not be used:
- To recover money that is not due;
- To recover more money than is due;
- To obtain property or an interest in property without entitlement;
- To enforce a claim after it has already been satisfied.
Core Principle
A Court decree cannot be fraudulently obtained or reused as an instrument of unjust enrichment.
Q3. Which IPC provision corresponds to Section 247 BNS?
Answer:
According to the supplied comments:
Section 247 BNS = Section 210 IPC
Q4. Has Section 247 changed under BNS?
Answer:
According to the supplied comments:
- The language remains unchanged; and
- The provision has been retained as it is.
Therefore, no substantive BNS change has been identified in the supplied material.
Q5. Who can commit the offence under Section 247?
Answer:
The provision begins with:
“Whoever”
Therefore, it is a general offence and can be committed by any person who satisfies the statutory ingredients.
Q6. What is the central mental element under Section 247?
Answer:
The section repeatedly uses the word:
“fraudulently”
Therefore, fraudulent conduct is essential.
A mere mistake, miscalculation, or bona fide legal dispute is not enough.
Q7. What are the main branches of Section 247?
Answer:
The section can be divided into three broad branches:
1. Fraudulently obtaining an excessive or unjustified decree/order;
2. Fraudulently executing a decree/order after satisfaction;
3. Fraudulently allowing such misuse in one's own name.
Memory
OBTAIN – EXECUTE – PERMIT
Q8. What is the first mode of offence?
Answer:
The first mode is fraudulently obtaining a decree or order:
For a sum not due
This means there is no lawful monetary liability for that sum.
Q9. Give an example of a “sum not due.”
Answer:
Suppose A knows that B owes him nothing, but A fraudulently obtains a decree directing B to pay ₹1,00,000.
Section 247 may apply.
Q10. What is the second monetary mode?
Answer:
The section also covers fraudulently obtaining a decree or order:
For a larger sum than is due
Here, some amount may genuinely be payable, but the person fraudulently obtains a decree for more than the lawful amount.
Q11. Give an example of a larger sum than due.
Answer:
Suppose B genuinely owes A ₹50,000.
A fraudulently obtains a decree for ₹1,50,000 while knowing only ₹50,000 is due.
The excess component brings the conduct within the statutory wording.
Q12. Must the entire claim be false?
Answer:
No.
The section expressly covers a case where:
- Some amount is due;
- But a larger amount is fraudulently claimed through the decree or order.
Q13. Does Section 247 apply only to money claims?
Answer:
No.
The section also applies to:
- Property; or
- An interest in property.
Q14. What is the property-related branch?
Answer:
The section covers fraudulently obtaining a decree or order:
For property or an interest in property to which the person is not entitled
Q15. What does “interest in property” add?
Answer:
It makes the provision broader than outright ownership.
A person may be guilty even if he fraudulently claims:
- A share;
- A legal interest;
- A right in property;
to which he is not entitled.
Q16. Give an example involving property.
Answer:
Suppose A knows that a house belongs entirely to B, but A fraudulently obtains a decree declaring himself entitled to the house.
Section 247 may apply.
Q17. Give an example involving an interest in property.
Answer:
Suppose A knows that he has no share in certain land but fraudulently obtains a decree declaring that he owns a one-half interest in it.
Section 247 may apply.
Q18. What is the second major branch of Section 247?
Answer:
The second branch concerns fraudulent execution of a decree or order:
After it has been satisfied
Q19. What does “satisfied” mean here?
Answer:
It means the obligation under the decree or order has already been fulfilled.
For example:
- The money has been paid;
- The property has been delivered;
- The required obligation has been discharged.
Q20. Why is re-execution after satisfaction punishable?
Answer:
Because once a decree has been satisfied, the decree-holder is no longer entitled to enforce it again for the same obligation.
Fraudulently executing it again amounts to an attempt to obtain a second benefit.
Q21. Give an example of execution after satisfaction.
Answer:
Suppose B pays A the full amount due under a decree.
A knows the decree has been fully satisfied but fraudulently causes execution proceedings to recover the same amount again.
Section 247 may apply.
Q22. Does the section also cover partial satisfaction?
Answer:
Yes.
The wording covers execution:
“for anything in respect of which it has been satisfied”
Therefore, if part of the decree has already been satisfied, the person cannot fraudulently execute it again for that satisfied part.
Q23. Give an example of partial satisfaction.
Answer:
Suppose a decree is for ₹2,00,000.
B has already paid ₹1,00,000.
A fraudulently causes execution for the full ₹2,00,000, ignoring the amount already paid.
The execution concerning the already satisfied ₹1,00,000 may fall within Section 247.
Q24. Must the decree be completely satisfied before Section 247 applies?
Answer:
No.
The section also covers anything:
In respect of which the decree has been satisfied
Thus, partial satisfaction can be sufficient for the relevant portion.
Q25. What does “causes a decree or order to be executed” mean?
Answer:
It means setting or procuring the enforcement process in motion against another person.
The accused need not personally perform every execution step.
Q26. Must actual recovery occur through execution?
Answer:
The wording focuses on fraudulently causing the decree or order to be executed.
The section does not expressly require that the accused ultimately succeeds in obtaining the money or property.
Q27. What is the third major branch of Section 247?
Answer:
The section also punishes a person who fraudulently:
Suffers or permits any such act to be done in his name
Q28. Why is this third branch important?
Answer:
It prevents a person from avoiding liability by saying:
- “I did not personally obtain the decree,” or
- “I did not personally execute it.”
If he fraudulently allows another person to carry out the wrongful act in his name, Section 247 may still apply.
Q29. What does “suffers” mean in this context?
Answer:
It means knowingly allows or tolerates the act.
The important point is that the person fraudulently permits the misuse to occur in his name.
Q30. What does “permits” add?
Answer:
It expressly covers authorised or allowed conduct.
The accused may be liable where he knowingly and fraudulently allows another person to use his name for the prohibited act.
Q31. Give an example of permitting the act in one's name.
Answer:
Suppose A knows that a decree in his favour has already been fully satisfied.
A nevertheless allows C to initiate execution in A's name for the same amount.
If A fraudulently permits this, Section 247 may apply.
Q32. Is a civil dispute by itself enough for criminal liability?
Answer:
No.
The key element is:
Fraudulently
A genuine dispute over:
- Amount due;
- Ownership;
- Satisfaction;
- Interpretation of decree;
does not automatically amount to Section 247.
Q33. Is negligence sufficient?
Answer:
No.
Mere carelessness is not the statutory standard.
Fraudulent conduct must be established.
Q34. Is a bona fide mistake about the amount due sufficient?
Answer:
No.
If a person honestly believes that a particular amount is due, the required fraudulent element may be absent.
Q35. What if a person genuinely disputes whether the decree has been satisfied?
Answer:
A genuine dispute would not automatically attract Section 247.
The prosecution must establish fraudulent conduct rather than merely an incorrect position.
Q36. Does Section 247 require a decree specifically?
Answer:
No.
The statutory wording covers:
A decree or order
Thus, both are included.
Q37. Must the decree or order be against another person?
Answer:
Yes.
The first limb refers to obtaining a decree or order:
Against any person
Q38. Does Section 247 apply only to Court judgments for money?
Answer:
No.
It extends to:
- Money;
- Property;
- Interest in property;
- Execution of satisfied decrees or orders.
Q39. Is fraudulent obtaining and fraudulent execution the same thing?
Answer:
No.
They are separate modes.
Fraudulent obtaining
The decree/order itself is improperly obtained for something not due or not entitled.
Fraudulent execution
The decree/order may originally have been valid, but it is fraudulently enforced after satisfaction.
Memory
BAD DECREE vs BAD EXECUTION
Q40. Can a valid decree still be misused under Section 247?
Answer:
Yes.
A decree may have been validly obtained but later fraudulently executed after it has already been satisfied.
Q41. Can an invalid or excessive decree be covered even before execution?
Answer:
Yes.
The first branch concerns fraudulently obtaining the decree or order.
Actual execution is not necessary for that branch.
Q42. What is the punishment under Section 247?
Answer:
The punishment is:
- Imprisonment of either description up to 2 years; or
- Fine; or
- Both.
Q43. What does “imprisonment of either description” mean?
Answer:
It means:
- Simple imprisonment; or
- Rigorous imprisonment.
Q44. What is the maximum imprisonment?
Answer:
2 years
Q45. Is there a specific maximum fine stated?
Answer:
No.
The supplied text provides:
- Fine; or
- Both
without specifying a particular monetary ceiling.
Q46. What is the classification of Section 247?
Answer:
According to the supplied classification:
- Non-cognizable
- Bailable
- Magistrate of the First Class
Memory
NC + B + MFC
Q47. Is Section 247 cognizable?
Answer:
No.
It is:
Non-cognizable
Q48. Is Section 247 bailable?
Answer:
Yes.
It is:
Bailable
Q49. Which Court may try the offence?
Answer:
According to the supplied classification:
Magistrate of the First Class
Q50. Give a complete example of fraudulent excessive decree.
Answer:
Suppose A is genuinely owed ₹20,000 by B.
A deliberately manufactures material to obtain a decree for ₹2,00,000, knowing that only ₹20,000 is due.
If the decree is obtained fraudulently, Section 247 may apply.
Q51. Give a complete example of a decree for property not due.
Answer:
Suppose A knows that he has no legal right to B's land but fraudulently obtains an order declaring that the land belongs to A.
Section 247 may apply.
Q52. Give a complete example of fraudulent re-execution.
Answer:
Suppose a Court orders B to pay A ₹5 lakh.
B pays the entire amount.
A knows payment has been completed but nevertheless fraudulently initiates execution again for the same ₹5 lakh.
Section 247 may apply.
Q53. Give an example where Section 247 may not apply.
Answer:
Suppose A genuinely believes that ₹1 lakh remains unpaid under a decree, but later evidence establishes that the amount had already been paid.
If A acted honestly rather than fraudulently, the essential mens rea may be absent.
Q54. What is the key distinction between fraud and mistake under Section 247?
Answer:
Fraud
The person knowingly manipulates or misuses the decree/order to obtain something he is not entitled to.
Mistake
The person honestly but incorrectly believes the money or property remains due.
Memory
FRAUD = SECTION 247
HONEST ERROR ≠ SECTION 247
Q55. How does Section 247 differ from Section 248?
Answer:
These two sections protect the judicial process in different ways.
Section 247
Concerns fraudulent misuse of:
- Decrees;
- Orders;
- Execution proceedings.
Memory
FALSE/EXCESSIVE DECREE OR EXECUTION
Section 248
Concerns knowingly false:
- Criminal proceedings;
- Criminal accusations,
made with intent to injure.
Memory
FALSE CRIMINAL CHARGE
Simple Contrast
247 = FRAUD IN DECREE/EXECUTION
248 = FRAUDULENTLY FALSE CRIMINAL ACCUSATION
Q56. Is Section 247 limited to criminal proceedings?
Answer:
No.
Unlike Section 248, which specifically concerns criminal proceedings and false criminal charges, Section 247 deals with decrees and orders relating to sums, property, interests in property, and their execution.
Q57. What is the easiest exam test for Section 247?
Answer:
Ask:
1. Was there a decree or order?
2. Was it fraudulently obtained for:
o A sum not due;
o A larger sum than due;
o Property not due;
o An interest in property not due?
3. Alternatively, was a decree/order fraudulently executed after satisfaction?
4. Alternatively, did the accused fraudulently allow such an act in his name?
5. Was the conduct genuinely fraudulent rather than mistaken?
Q58. What are the four main subject matters to remember?
Answer:
The decree or order may concern:
1. Sum not due
2. Larger sum than due
3. Property not entitled to
4. Interest in property not entitled to
Memory
NO SUM – EXCESS SUM – PROPERTY – PROPERTY INTEREST
Q59. What are the three principal action words?
Answer:
OBTAIN
EXECUTE
PERMIT
Q60. What is the shortest memory formula?
Answer:
“FRAUDULENT DECREE OR FRAUDULENT RE-EXECUTION = SECTION 247.”
Key Provisions (Study Notes)
1. Mens Rea
The controlling word is:
FRAUDULENTLY
This distinguishes criminal liability from:
- Honest legal dispute;
- Miscalculation;
- Negligence;
- Genuine misunderstanding.
2. Fraudulent Obtaining Branch
The decree/order may be fraudulently obtained for:
- A sum not due;
- A larger sum than due;
- Property not entitled to;
- Interest in property not entitled to.
3. Fraudulent Execution Branch
The decree/order may be fraudulently executed:
- After full satisfaction; or
- For a part already satisfied.
4. Permitting Branch
A person is also covered if he fraudulently:
- Suffers; or
- Permits
such an act to be done:
IN HIS NAME
Best Structural Memory
WRONG CLAIM
OR
DOUBLE RECOVERY
OR
ALLOW IT IN YOUR NAME
= SECTION 247
Punishment Study Notes
Section 247 provides:
- Imprisonment of either description up to 2 years; or
- Fine; or
- Both.
Memory
247 = 2 YEARS / FINE / BOTH
Classification Study Notes
Section 247 is:
- Non-cognizable
- Bailable
- Triable by Magistrate of the First Class
Memory
NC + B + MFC
IPC Equivalent and BNS Position
According to the supplied comments:
Section 247 BNS = Section 210 IPC
The supplied comments state:
- Language unchanged;
- Provision retained as it is.
Quick Revision Notes
Section
247 BNS
Title
Fraudulently obtaining decree for sum not due
IPC Equivalent
210 IPC
Core Mens Rea
Fraudulently.
First Branch
Obtain decree/order for:
- Sum not due;
- Larger sum than due;
- Property not entitled to;
- Interest in property not entitled to.
Second Branch
Fraudulently execute decree/order after satisfaction.
Third Branch
Fraudulently suffer or permit such act in one's name.
Punishment
Up to 2 years / fine / both
Classification
Non-cognizable + Bailable + Magistrate First Class
BNS Change
None stated in supplied comments.
Exam Traps
Trap 1 — Thinking Section 247 applies to every excessive claim
Incorrect.
The conduct must be:
FRAUDULENT
Trap 2 — Thinking the whole sum must be false
Incorrect.
The provision expressly covers:
A LARGER SUM THAN IS DUE
Trap 3 — Restricting the section to money
Incorrect.
It also covers:
- Property;
- Interest in property.
Trap 4 — Forgetting execution after satisfaction
A valid decree can still be fraudulently misused after payment or satisfaction.
Trap 5 — Thinking full satisfaction is always required
Incorrect.
The section also covers execution for:
Anything in respect of which it has been satisfied
Trap 6 — Forgetting liability for permitting conduct in one's own name
The accused need not personally carry out every step.
Trap 7 — Treating an honest accounting mistake as automatically criminal
Incorrect.
Fraudulent intent is central.
Trap 8 — Confusing obtaining with executing
Remember:
OBTAIN = WRONG DECREE/ORDER
EXECUTE = WRONG ENFORCEMENT AFTER SATISFACTION
Trap 9 — Confusing Section 247 with Section 248
Remember:
247 = DECREE / ORDER
248 = FALSE CRIMINAL CHARGE
Rapid Revision Chain: Sections 247–254
247
Fraudulently obtain or execute decree/order for something not due.
Memory
FALSE DECREE / DOUBLE RECOVERY
248
Knowingly false criminal proceeding or charge with intent to injure.
Memory
FALSE CHARGE
249
Harbour or conceal offender after crime to screen from punishment.
Memory
HIDE OFFENDER
250
Accept or seek benefit to conceal, screen, or not proceed.
Memory
TAKE TO SCREEN
251
Give or offer benefit to obtain concealment, screening, or non-prosecution.
Memory
GIVE TO SCREEN
252
Take gratification to recover movable property but fail to pursue offender.
Memory
TAKE TO RECOVER
253
Harbour or conceal escapee/wanted person to prevent apprehension.
Memory
HIDE WANTED PERSON
254
Harbour robbers or dacoits to facilitate or screen.
Memory
HARBOUR ROBBERS/DACOITS
Best Eight-Section Memory Sequence
247 = FALSE DECREE
248 = FALSE CHARGE
249 = HIDE OFFENDER
250 = TAKE TO SCREEN
251 = GIVE TO SCREEN
252 = TAKE TO RECOVER
253 = HIDE ESCAPEE
254 = HARBOUR ROBBERS
Ultimate Memory Formula
SECTION 247
FRAUDULENTLY OBTAIN DECREE/ORDER
FOR
- SUM NOT DUE
- EXCESS SUM
- PROPERTY NOT ENTITLED
- PROPERTY INTEREST NOT ENTITLED
OR
FRAUDULENTLY EXECUTE AFTER SATISFACTION
OR
FRAUDULENTLY PERMIT SUCH ACT IN YOUR NAME
= SECTION 247
Shortest Memory Rule
“USE A DECREE FRAUDULENTLY TO CLAIM MORE THAN YOU ARE ENTITLED TO = 247.”
Key Takeaway
Section 247 BNS protects the judicial process against fraudulent use of decrees and orders.
It covers three broad forms of wrongdoing:
1. Fraudulently obtaining a decree or order for:
o Money not due;
o More money than due;
o Property or an interest in property to which the person is not entitled;
2. Fraudulently executing a decree or order after it has already been fully or partly satisfied;
3. Fraudulently allowing such conduct to occur in one's name.
The essential mental element is:
FRAUDULENTLY
The punishment is:
Imprisonment of either description up to 2 years, or fine, or both.
The offence is:
Non-cognizable + Bailable + Triable by Magistrate of the First Class.
According to the supplied comments:
Section 247 BNS = Section 210 IPC
and the provision has been retained without substantive change.
Final Memory Line
“247 = FRAUDULENT DECREE/ORDER + NOT DUE/EXCESS/NO ENTITLEMENT OR RE-EXECUTION AFTER SATISFACTION.”
