IPC Section 177 and BNS Section 212: Furnishing False Information

Furnishing information known or believed to be false to a public servant, when there is a legal duty to provide that information, is a punishable offence. This guide explains the former IPC Section 177 and its current counterpart, Section 212 of the Bharatiya Nyaya Sanhita, 2023.

Current legal position: The Bharatiya Nyaya Sanhita, 2023 (BNS) came into force on 1 July 2024. Section 212 is the corresponding provision for conduct governed by the new law. IPC Section 177 remains relevant to earlier conduct, subject to the applicable repeal, savings and transitional provisions.

Meaning of furnishing false information

Section 212 BNS applies where a person is legally bound to furnish information on a subject to a public servant acting in that capacity, but furnishes information as true despite knowing or having reason to believe it is false. The earlier Section 177 IPC used substantially the same essential test.

Essential ingredients

A legal obligation to furnish information to a public servant must exist.
The information must be furnished as true in discharge of that obligation.
The information must be false.
The person must know or have reason to believe that it is false.

An innocent error or a statement made without a legally imposed reporting duty does not automatically satisfy this section. The facts and applicable statutory obligation matter.

Punishment under BNS Section 212

Provision	Nature of false information	Maximum punishment
Section 212(a)	False information supplied where legally bound to inform a public servant	Simple imprisonment up to 6 months, or fine up to Rs. 5,000, or both
Section 212(b)	False information concerning an offence, prevention of an offence or apprehension of an offender	Imprisonment of either description up to 2 years, or fine, or both; no fixed maximum fine is stated in this clause

Offence classification: Both categories are non-cognizable and bailable, and are triable by any Magistrate under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Earlier punishment under IPC Section 177

Under IPC Section 177, the ordinary category carried simple imprisonment up to six months, or a fine up to Rs. 1,000, or both. The aggravated category carried imprisonment of either description up to two years, or fine, or both. The BNS increases the maximum fine for the ordinary category to Rs. 5,000.

Illustrations under the law

Illustration 1: A landholder who knows that a murder occurred intentionally informs the Magistrate that the death resulted from a snakebite. Where the required legal duty and knowledge are established, this is an example of the offence.

Illustration 2: A village watchman legally required to report information about persons planning a dacoity knowingly directs police towards a false destination. This illustrates false information relating to the prevention of an offence or apprehension of offenders.

Explanation concerning offences outside India

The explanation to BNS Section 212 also applies to Section 211. For these provisions, the expression offence includes specified acts committed outside India that would be punishable under listed BNS provisions if committed in India. The listed provisions include Sections 103, 105, 307, specified subsections of 309 and 310, Sections 311 and 312, specified clauses of 326, specified subsections of 331 and specified clauses of 332. The expression offender includes a person alleged to have committed such an act.

The earlier IPC explanation applied to Sections 176 and 177 and listed the corresponding IPC offences, including Sections 302, 304, 382, 392 to 399, 402, 435, 436, 449, 450 and 457 to 460.

Legal procedure and practical considerations

Since Section 212 is non-cognizable, the police generally require the appropriate Magistrate's order to investigate under the BNSS. Prosecution may also be subject to the special restrictions on cognizance for offences concerning lawful authority of public servants, including Section 215 BNSS, as applicable. The identity of the public servant, the duty to disclose, the actual statement and proof of knowledge should be examined.

False information furnished voluntarily without a legal obligation may raise different legal questions. Likewise, a false statement on oath, false evidence, or knowingly misleading a public servant to use lawful power to another's injury may attract distinct provisions depending on the facts.

Frequently asked questions

What is the current equivalent of IPC Section 177?

Section 212 of the Bharatiya Nyaya Sanhita, 2023.

Is BNS Section 212 bailable?

Yes. Both categories are bailable and non-cognizable under the BNSS First Schedule.

Can an accidental mistake be punished under Section 212?

The prosecution must establish the statutory mental element: knowledge or reason to believe the information was false, as well as the legal duty to provide it.

What is the maximum punishment?

For ordinary false information, up to six months of simple imprisonment or Rs. 5,000 fine or both. For information relating to offences, prevention or apprehension, imprisonment may extend to two years, or fine, or both.

Official legislation and reference materials

This article provides general legal information. The governing provision depends on the date of conduct and the facts of the particular matter.