Legal Provisions of Section 210 of Indian Penal Code, 1860.
Fraudulently obtaining decree for sum not due:
ADVERTISEMENTS:
While section 208 of the Code punishes fraudulent causing or suffering of a decree or order for a sum not due etc. this section penalises fraudulent obtaining of a decree or order for sum not due etc. The section states that whoever with intention to defraud 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 does not have any entitlement, or with intention to defraud 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 with intention to defraud suffers or permits any such act to be done in his name, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both.
The section requires intention to defraud to be proved against the accused with which he must obtain a decree or order which must be for a sum not due or for a larger sum than due, or for any property or interest therein to which he is not entitled. If such is not the case then it must be established that with that intention he has caused a decree or order to be executed even though the same is satisfied, or for anything in respect of which it is already satisfied, or with that intention suffers or permits any such act to be done in his name. Mere presentation of an application for execution of a decree does not suffice. It must be shown that the accused has caused the decree to be executed.
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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.