IPC Section 209 and BNS Section 246: Dishonestly Making a False Claim in Court
Knowingly making a false claim in court with a fraudulent or dishonest purpose, or with intent to injure or annoy another person, is a criminal offence. The earlier provision was Section 209 of the Indian Penal Code, 1860; its corresponding current provision is Section 246 of the Bharatiya Nyaya Sanhita, 2023.
Section 246 BNS: Legal provision and meaning
Section 246, Bharatiya Nyaya Sanhita, 2023 — Dishonestly making false claim in Court.
Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court 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.
In ordinary language, this provision targets a person who knowingly advances a false claim before a court for one of the prohibited purposes. It does not automatically criminalise every unsuccessful case or every factual disagreement.
Section 209 IPC: Earlier statutory provision
Section 209, Indian Penal Code, 1860 — Dishonestly making false claim in Court.
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 earlier IPC provision addressed substantially the same conduct. The BNS provision uses the expression “in a Court” in place of “in a Court of Justice” and retains the maximum imprisonment and liability to fine.
Essential ingredients of the offence
- A claim is made in court: The person advances a claim in a judicial proceeding.
- The claim is false: The allegation must concern a claim that is in fact false, not merely a claim ultimately rejected for insufficient evidence.
- Knowledge of falsity: The person knows the claim is false when making it.
- Required intention: The claim is made fraudulently, dishonestly, or with intent to injure or annoy someone.
These requirements must be assessed on the facts and evidence. Mere dismissal of a suit, an adverse finding or an erroneous legal argument does not by itself establish the offence.
Punishment under IPC 209 and BNS 246
| Point | IPC Section 209 | BNS Section 246 |
|---|---|---|
| Conduct | Knowingly false claim in a Court of Justice with prohibited intent | Knowingly false claim in a Court with prohibited intent |
| Maximum imprisonment | Two years | Two years |
| Fine | Also liable to fine | Also liable to fine |
| Application | Former law; relevant to earlier offences subject to savings | Current provision from 1 July 2024 |
Practical example
Suppose a person files a civil claim demanding payment of a debt that the person knows has already been fully discharged, and does so dishonestly to obtain an unwarranted recovery. Depending on the proof of the claim, knowledge and intention, the conduct may attract Section 246 BNS. Conversely, a genuine dispute over whether a debt remains payable does not automatically constitute a criminal offence.
Case law and court decisions
For authoritative judgments and case status, consult the Supreme Court of India and eCourts judgments portal. Search for “Section 209 IPC” or “Section 246 BNS” and check the full decision and its subsequent treatment. See also the site's Indian Penal Code case-law collection and perjury case-law collection.
Related offences and procedural considerations
A knowingly false claim is distinct from giving false evidence, fabricating evidence, or fraudulently obtaining a decree. Depending on the conduct, other provisions may also require consideration, including BNS Section 245 (fraudulently suffering a decree for a sum not due) and Section 247 (fraudulently obtaining a decree for a sum not due). Whether and how a prosecution may be initiated depends on the applicable procedural law, including restrictions relating to offences connected with court proceedings; the precise facts and procedural requirements must be examined.
Frequently asked questions
What is the current equivalent of IPC Section 209?
Section 246 of the Bharatiya Nyaya Sanhita, 2023 is the corresponding provision for dishonestly making a false claim in court.
What is the punishment for a knowingly false court claim?
The law provides imprisonment of either description for up to two years and liability to a fine.
Does losing a civil case amount to an offence?
No. An unsuccessful claim alone does not establish that the claimant knew it was false or acted with the intention required by the provision.
Can IPC Section 209 still matter after 1 July 2024?
Yes. It can remain relevant to conduct occurring before commencement, subject to applicable repeal, savings and transitional rules.
Official legislation and legal resources
- Bharatiya Nyaya Sanhita, 2023 — official India Code PDF (see Section 246).
- India Code — Bharatiya Nyaya Sanhita Act record.
- Ministry of Home Affairs — New Criminal Laws.
- National Crime Records Bureau — BNS sections.
Disclaimer: This article provides general legal information, not advice for any particular dispute. Consult the enacted text and qualified legal counsel before acting.