IPC Section 211 and BNS Section 248: False Charge of Offence Made with Intent to Injure
A knowingly baseless criminal accusation made with the intention of injuring another person may constitute an offence. This guide explains the former Section 211 of the Indian Penal Code, 1860 and its current counterpart, Section 248 of the Bharatiya Nyaya Sanhita, 2023.
Legal information reviewed: 29 October 2026
What is a false charge made with intent to injure?
The offence concerns a person who, intending to cause injury, institutes or causes criminal proceedings to be instituted against someone, or falsely accuses that person of an offence, while knowing there is no just or lawful ground for the proceedings or accusation. A complaint that is merely unsuccessful, unproved, or made in good faith is not automatically an offence under this provision.
Section 248 of the Bharatiya Nyaya Sanhita, 2023
Section 248 punishes knowingly baseless criminal proceedings or charges brought with intent to injure. The provision creates two punishment categories:
- Section 248(a): imprisonment of either description for up to five years, or a fine of up to Rs. 2,00,000, or both.
- Section 248(b): where criminal proceedings are instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or more, imprisonment of either description for up to ten years and liability to a fine.
Read the official Bharatiya Nyaya Sanhita, 2023 (India Code PDF) and the National Crime Records Bureau BNS text.
Section 211 of the Indian Penal Code, 1860
The former IPC provision punished anyone who, with intent to cause injury, instituted or caused criminal proceedings against another, or falsely charged that person with an offence, knowing there was no just or lawful ground for the charge or proceeding.
Under the ordinary part of Section 211 IPC, the punishment was imprisonment of either description for up to two years, or fine, or both. If the criminal proceeding was instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for seven years or more, imprisonment could extend to seven years and the offender was also liable to fine.
Essential ingredients of the offence
- A criminal proceeding was instituted or caused to be instituted, or an accusation of a criminal offence was made against an identifiable person.
- The accused knew there was no just or lawful ground for that proceeding or accusation.
- The conduct was undertaken with intent to cause injury to that person.
- For the aggravated punishment, the statutory threshold relating to the seriousness of the falsely alleged offence must also be satisfied.
Meaning of injury: The statutory definition in Section 2 of the BNS addresses harm illegally caused to a person in body, mind, reputation or property. Whether the required intention and knowledge are proved depends on the facts and evidence.
Punishment under IPC 211 and BNS 248
| Provision | Ordinary false charge | Aggravated false charge |
|---|---|---|
| IPC Section 211 (former law) | Up to 2 years, or fine, or both | Up to 7 years and fine; underlying offence punishable with death, life imprisonment, or 7 years or more |
| BNS Section 248 (current law) | Up to 5 years, or fine up to Rs. 2 lakh, or both | Up to 10 years and fine; underlying offence punishable with death, life imprisonment, or 10 years or more |
Cognizability, bail and trial court
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), both Section 248(a) and Section 248(b) are classified as non-cognizable and bailable. The ordinary offence is triable by a Magistrate of the first class; the aggravated offence is triable by a Court of Session. Separate procedural requirements may apply when an alleged false charge is connected with court proceedings.
Official reference: BNSS First Schedule, NCRB.
Practical examples
Example 1: A person knowingly invents a criminal accusation against a business rival to damage the rival's reputation and cause legal harassment. If the required elements are proved, Section 248(a) may apply.
Example 2: A person knowingly causes criminal proceedings to be instituted against another on a fabricated charge of murder with intent to injure that person. The aggravated provision in Section 248(b) may apply.
Important distinction: An acquittal, closure report, or failure to prove a complaint does not, by itself, establish that the original complainant knowingly made a false charge with intent to injure.
Frequently asked questions
What is the BNS equivalent of IPC Section 211?
Section 248 of the Bharatiya Nyaya Sanhita, 2023.
What is the maximum punishment under BNS Section 248?
Five years or a fine up to Rs. 2 lakh or both under clause (a); up to ten years and fine under clause (b) for the specified serious false charges.
Is a false criminal complaint automatically punishable?
No. The prosecution must establish the statutory requirements, including knowledge of the absence of lawful grounds and intent to injure.
Is BNS Section 248 bailable?
Yes. Both categories are listed as bailable and non-cognizable in the BNSS First Schedule.
Does IPC Section 211 still matter after July 2024?
Yes. It may remain relevant to acts committed before the BNS commencement date, in accordance with repeal, savings and transitional provisions.
Official legal references
This article provides general legal information, not advice on an individual case. Consult the applicable statute, procedural rules and a qualified legal professional for case-specific questions.