What Is BNS Section 212?

Bharatiya Nyaya Sanhita, 2023 - Section 212: Furnishing False Information

Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false,

• (a) shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both;
• (b) where the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Illustrations

• (a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section.
• (b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring place, and being legally bound to give early and punctual information of the above fact to the officer of the nearest police station, wilfully misinforms the police officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in this section.

Explanation: In Section 211 and in this section, the word offence includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of section 332, and the word offender includes any person who is alleged to have been guilty of any such act.

Brief Detail

BNS Section 212 addresses the legal implications of providing false information to a public servant when there is a legal obligation to furnish accurate information. The severity of the punishment depends on the nature of the information and the context of the omission.

Question & Answers

Q1: What is the main provision of BNS Section 212?

A1: BNS Section 212 penalizes any individual who, being legally required to provide information to a public servant, furnishes false information knowingly or with reason to believe it is false. The punishment varies based on the nature of the information.

Q2: What are the penalties under BNS Section 212?

A2: The penalties under BNS Section 212 include:

• Simple imprisonment up to six months or a fine up to five thousand rupees, or both, for furnishing false information generally.
• Imprisonment up to two years or a fine, or both, if the false information pertains to the commission or prevention of an offence.

Example

Example Scenario:

If a landholder falsely informs the authorities that a death was due to a snake bite when he knows it was murder, he is guilty under Section 212. Similarly, a watchman misinforming the police about the direction of suspicious individuals is also culpable under this section.

Summary

BNS Section 212 emphasizes the legal responsibility of providing accurate information when legally required. Furnishing false information can lead to imprisonment or fines, especially if it relates to criminal activities or obstructs law enforcement.