IPC 208 → BNS 245: Fraudulent Decree

Quick Summary: IPC 208 vs BNS 245

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 208 addresses fraudulent decree, part of the IPC's offences against public justice — false evidence, fabrication, screening offenders and similar interference with the justice process. These are carried into the BNS with the same structure, and fraudulent decree is now prosecuted as BNS 245, protecting the integrity of investigations and trials in its own right.

What did IPC 208 cover?

IPC 208 dealt with fraudulent decree — fraudulently suffering decree for sum not due. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 245: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to fraudulent decree are filed under BNS Section 245, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 245

Same - Up to 2 years

Practical implications for advocates, police & citizens

• Advocates: In a fraudulent decree matter, intention and the materiality of the false statement are decisive; ensure the complaint cites BNS 245 and meets the pre-conditions for prosecuting court-related offences.
• Police officers: Document the false statement or fabricated evidence precisely — the fraudulent decree offence is now BNS 245.
• Law students & citizens: Lying on oath, forging evidence or helping an offender escape — the conduct behind fraudulent decree — is punishable separately from the main case.