Legal Provisions of Section 208 of Indian Penal Code, 1860.
Fraudulently suffering decree for sum not due:
ADVERTISEMENTS:
This section makes fraudulent causing or suffering of a decree or order for a sum not due etc. an offence. It says that whoever with intent to defraud causes or suffers a decree or order to be passed against him at the suit of any person for a sum which is not due, or for a larger sum than is due, to such person or for any property or interest in property to which there is no entitlement of such person, or with intent to defraud causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both.
The prosecution must prove intention to defraud on the part of the accused. There must be a causing or suffering a decree or order, to be passed against him for a sum which is not due, or for a sum larger than what actually is due, or for any property or interest therein to which he is not entitled. If such is not the case then there must be a causing or suffering a decree or order to be executed against him after the same has been satisfied, or for anything in respect of which it has been satisfied.
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The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by metropolitan magistrate or magistrate of the first class.