Giving information known or believed to be false to a public servant, with the intention or knowledge that it may cause misuse of official power against another person, is punishable under Section 217 of the Bharatiya Nyaya Sanhita, 2023 (BNS). The corresponding provision in the former Indian Penal Code, 1860, was Section 182 IPC.
What does Section 217 BNS mean?
The section addresses knowingly false information given to a public servant where the person intends, or knows it is likely, to cause the public servant either (a) to do or omit something that would not be appropriate if the true facts were known, or (b) to exercise lawful authority to the injury or annoyance of another person.
It is not necessary that the information be given on oath. The core concerns are knowledge or belief that the information is false and the intended or foreseeable improper use of official authority. A complaint made in good faith that cannot later be proved is not, by that fact alone, an offence.
Essential ingredients of the offence
- Information is supplied to a public servant acting in an official capacity.
- The person giving the information knows or believes it to be false.
- The person intends, or knows it is likely, that the information will cause the public servant to act or omit to act contrary to what the true facts would warrant, or to use lawful power to injure or annoy someone.
- The facts and circumstances support the required mental element; mere mistake or unsubstantiated suspicion is insufficient by itself.
Punishment and classification under current law
| Applicable provision | BNS Section 217 (corresponding to former IPC Section 182) |
|---|---|
| Maximum imprisonment | One year, of either description |
| Maximum fine | Rs. 10,000 |
| Sentencing alternatives | Imprisonment, fine, or both |
| Cognizability | Non-cognizable |
| Bail | Bailable |
| Court competent to try | Any Magistrate |
Classification is based on the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Former IPC Section 182: historical position
Under IPC Section 182, the maximum punishment was imprisonment of either description for six months, a fine up to Rs. 1,000, or both. The BNS provision increases these limits to one year and Rs. 10,000 respectively. The underlying description of prohibited conduct remains substantially similar.
Illustrations explaining false information
The legislation contains three illustrations, summarised below while preserving their substance:
- False misconduct report: A knowingly makes a false allegation to a Magistrate that subordinate police officer Z committed misconduct, expecting it may lead to Z's dismissal.
- False contraband allegation: A knowingly provides a false report that Z possesses contraband salt in a concealed location, expecting an official search that will annoy Z. The reference to salt is historical statutory wording.
- False robbery report: A falsely tells police that A was assaulted and robbed near a village, expecting police enquiries and searches that will cause annoyance to villagers, even though no suspect is named.
These examples show that the offence concerns misuse of public authority caused or likely to be caused by knowingly false information; an actual dismissal or search is not necessarily a prerequisite where the statutory intention or knowledge is established.
Complaint procedure and safeguards
Section 217 BNS is classified as a non-cognizable, bailable offence. Importantly, BNSS Section 215 restricts the taking of cognizance by a court for specified offences against the lawful authority of public servants, including this category, unless the prescribed written complaint is made by the public servant concerned or an authorised superior, as applicable. The precise procedural requirements should be assessed against the facts and the applicable law.
There is a distinction between an allegation later found untrue and an allegation that the informant knew or believed to be false and used to trigger improper official action. Evidence of intention, knowledge, the communication and the surrounding circumstances is central.
Difference between BNS Sections 212 and 217
BNS Section 212 (formerly IPC Section 177) addresses furnishing false information when a person is legally bound to furnish truthful information. BNS Section 217 (formerly IPC Section 182) concerns knowingly false information given with the intention or knowledge that it will cause improper action or misuse of a public servant's lawful power. The elements are different and must not be conflated.
Frequently asked questions
What is the current equivalent of IPC Section 182?
Section 217 of the Bharatiya Nyaya Sanhita, 2023, applies to relevant conduct from 1 July 2024. The earlier IPC provision remains relevant to earlier events, subject to applicable saving provisions.
What is the punishment under BNS Section 217?
Imprisonment of either description for up to one year, or a fine up to Rs. 10,000, or both.
Is BNS Section 217 bailable?
Yes. It is classified as non-cognizable and bailable, and triable by any Magistrate under the BNSS First Schedule.
Does every incorrect complaint amount to an offence?
No. The prosecution must establish knowledge or belief of falsity and the required intention or knowledge of likely misuse of public power.
Can any person initiate prosecution under this section?
Court cognizance is subject to the special written-complaint requirement in BNSS Section 215 for offences of this category, including a complaint by the public servant concerned or an authorised superior, as applicable.
Official legislation and further reading
- National Crime Records Bureau: Bharatiya Nyaya Sanhita provisions (see Section 217).
- NCRB: IPC to BNS section correspondence table.
- Bharatiya Nagarik Suraksha Sanhita, 2023 (official government-hosted PDF) (see First Schedule and Section 215).
- India Code: official central legislation repository.
Legal information for general reference. The applicable law and procedure depend on the date and facts of the alleged conduct.