IPC Section 209 and BNS Section 246: Dishonestly Making a False Claim in Court
Making a claim in court that a person knows to be false, fraudulently, dishonestly, or with intent to injure or annoy another person, can amount to an offence against public justice. The earlier provision was Section 209 of the Indian Penal Code, 1860 (IPC). Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 246.
What does Section 246 BNS provide?
Section 246 criminalises a claim made in a court by a person who knows the claim is false, when it is made fraudulently, dishonestly, or with the intent to injure or annoy someone. The provision protects judicial proceedings from deliberate abuse; it does not make every unsuccessful lawsuit a criminal offence.
Section 209 IPC: Original legal provision
The original Section 209 IPC provided:
Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
The corresponding BNS Section 246 uses the expression "in a Court" in place of "in a Court of Justice". The core prohibition and punishment remain substantially the same.
Essential ingredients of the offence
- A claim in court: The person makes a claim in judicial proceedings.
- Knowledge of falsity: The person knows the claim is false, rather than merely being mistaken or unable to prove it.
- Prohibited intent: The claim is made fraudulently or dishonestly, or with intent to injure or annoy another person.
- Proof: The prosecution must establish the statutory elements to the criminal standard of proof.
Punishment under Section 246 BNS
The punishment is imprisonment of either description for up to two years and liability to a fine. The section requires liability to a fine in addition to the imprisonment provision; the actual sentence is determined by the competent court in accordance with law.
| Particular | Provision |
|---|---|
| Earlier provision | IPC Section 209 |
| Current corresponding provision | BNS Section 246 |
| Offence | Dishonestly making a false claim in court |
| Maximum imprisonment | Two years |
| Fine | Also liable to fine |
| Classification under BNSS First Schedule | Non-cognizable and bailable; triable by a Magistrate of the first class |
Practical example
Suppose a person knowingly asserts a fabricated monetary entitlement in a civil suit to cause financial loss or harassment to another party. Depending on the evidence of knowledge, intention and the precise claim made, Section 246 BNS may be attracted. By contrast, a bona fide claim rejected because the evidence is insufficient does not, by that fact alone, establish this offence.
Procedure and court complaints
Where the alleged offence relates to a claim made in court proceedings, special rules governing prosecution of offences affecting the administration of justice may apply. In particular, Section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) addresses restrictions on taking cognizance of specified offences, and Section 379 BNSS provides a procedure for complaints by courts in relevant cases. The correct procedure depends on the allegations and statutory conditions.
Frequently asked questions
Is every false statement in a civil suit punishable under Section 246?
No. The offence concerns a claim known to be false, accompanied by the prohibited fraudulent, dishonest or injurious intent. Other provisions may apply to false evidence or statements depending on the facts.
Is BNS Section 246 bailable?
Yes. It is classified as bailable and non-cognizable in the First Schedule to the BNSS.
What is the punishment for making a false claim in court?
Imprisonment of either description for up to two years, with liability to a fine.
Does IPC Section 209 still matter?
Yes. It remains relevant to conduct occurring before the commencement of the BNS, subject to applicable repeal, savings and transitional rules.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (see Section 246).
- National Crime Records Bureau - BNS provisions.
- India Code - official central legislation database.
Legal information: This article explains the statutory framework and is not a substitute for advice on a particular court proceeding.