False Claims and Fraudulent Decrees: Key Provisions of the Bharatiya Nyaya Sanhita, 2023

The Bharatiya Nyaya Sanhita, 2023, effective from July 1st, 2024, has substituted the Indian Penal Code and brought several provisions addressing false claims, fraudulent decrees, and false charges. This article will concentrate on Sections 246, 247, and 248, which specifically address dishonest or fraudulent claims presented in courts, procuring fraudulent decrees, and presenting false accusations with malicious intent. These sections are designed to ensure the sanctity of the judicial process and avoid abuse of legal procedure. Each of these sections is defined in straightforward terms with illustrations for better understanding of the legal words.

Section 246: Dishonestly Making False Claims in Court

Section 246 addresses those who dishonestly or fraudulently present false claims in a court of law with the intention of hurting or annoying another individual. Under this section, whoever presents a false claim in court knowingly, with dishonest or malicious intentions, can be imprisoned for a term not exceeding two years and also be liable to a fine.

The intent of this section is to discourage individuals from bringing frivolous lawsuits that seek to harass or injure others.

Example:

Let us assume that Ramesh sues his neighbor, Suresh, on false grounds that Suresh has encroached upon his land illegally, when Ramesh is aware that the land belongs to Suresh. Ramesh’s motive is to harass Suresh and waste his time in court. In this scenario, Ramesh can be prosecuted under Section 246 for making a false claim with dishonest intent.

This subsection makes sure that the court is not wasted time on trivial cases and that nobody is harmed through fraudulent legal methods.

Section 247: Obtaining a Decree by Fraud for a Sum Not Due

Section 247 is intended to punish a person who fraudulently acquires a court order or decree for an amount of money or property to which she/he is not legally entitled. If a person fraudulently acquires an order for an amount of money greater than she/he is due or falsely acquires someone’s property, he/she can be punished under section 247. The punishment comprises imprisonment for two years and/or fine.

This section also operates where a person falsely executes a decree after satisfaction, or where they falsely permit such things to be done in their name.

Example:

An individual, Ram, gets a decree from court against Shyam for an amount of ₹10,000 when Ram was already paid in full. Ram nonetheless approaches the court and realizes the decree in order to collect additional money from Shyam. Ram, in this case, is acting fraudulently, and Section 247 applies. He will be imprisoned or fined for attempting to recover money fraudulently.

This clause prevents people from abusing court orders to unjustly take more than they are entitled to by law.

Section 248: False Charge of an Offence Made with Intent to Injure

Section 248 deals with cases wherein an individual makes false criminal complaints against another or institutes criminal proceedings against another with knowledge that there is no legal or just ground for so doing. If an individual falsely accuses another of the commission of a crime, the law imposes severe punishments.

Section under which, unless the false charge is for an offence punishable by death or by life imprisonment (a capital offence), the imprisonment can be maximum five years and/or a maximum fine of ₹2,00,000, or both. But if it is for an offence punishable with death or with life imprisonment (a capital offence), the penalty can be for a maximum term of ten years’ imprisonment in addition to fine. 

Example:

Let us assume that Neha accuses Raj of stealing something when she is well aware that Raj has not stolen anything. Neha intends to damage the reputation of Raj and get him into trouble with the law. In such a situation, Neha would be punishable under Section 248, and she may be sent to jail for up to five years for falsely accusing someone.

In a more serious case, if Neha accuses Raj of having committed a murder when she knows that he is innocent, she may be imprisoned for a maximum of ten years since the false accusation entails a capital offence.

This provision is crucial in safeguarding individuals against malicious prosecutions and false accusations so that no one is unnecessarily brought into a criminal case on unfounded grounds.

Summary and Conclusion

The Bharatiya Nyaya Sanhita, 2023, under Sections 246, 247, and 248, aims at curbing abuse of the legal system by punishing individuals who resort to fraudulent activities like making false claims, procuring false court orders, and making false criminal complaints. These sections give a clear indication of how the integrity of the judicial process should be maintained, and individuals who try to deceive or misuse the system should be suitably punished.

Section 246 aims at fraudulent claims in court with the objective of hurting or annoying others.

Section 247 deals with fraud in obtaining court decrees for amounts or property not owed.

Section 248 addresses false charges of a criminal nature made with the objective of hurting another individual.

All these sections lay down severe penalties, such as imprisonment and fines, to discourage individuals from indulging in such fraudulent activities. Through the enforcement of these provisions, the Bharatiya Nyaya Sanhita guarantees that justice is administered justly and that the judicial process is saved from unscrupulous elements. 

Title: False Claims, Fraudulent Decrees, and Malicious Charges: Safeguarding the Purity of Justice under Bharatiya Nyaya Sanhita, 2023