What Is BNS Section 217?

Bharatiya Nyaya Sanhita, 2023 - Section 217: False Information, with Intent to Cause Public Servant to Use His Lawful Power to Injury of Another Person

Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant—

• (a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him; or
• (b) to use the lawful power of such public servant to the injury or annoyance of any person,

shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both.

Illustrations

(a) A informs a Magistrate that Z, a police officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.

(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.

(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section.

Brief Detail

BNS Section 217 addresses the offense of providing false information to a public servant with the intent to cause harm or annoyance to another person. This section aims to protect public servants from being misled and to prevent the misuse of their powers against individuals.

Question & Answers

Q1: What does BNS Section 217 address?

A1: BNS Section 217 addresses the act of giving false information to a public servant with the intention of causing harm or annoyance to another person.

Q2: What are the penalties for violating BNS Section 217?

A2: Individuals found guilty of this offense may face imprisonment for up to one year, a fine of up to ten thousand rupees, or both.

Q3: What are some examples of offenses under BNS Section 217?

A3: Examples include falsely accusing a police officer of misconduct, reporting nonexistent contraband, or misleading police about a robbery to cause inconvenience to villagers.

Example

Example Scenario:

If an individual falsely informs a public servant that a neighbor possesses illegal substances, leading to an unwarranted search that causes distress to the neighbor, they can be prosecuted under Section 217.

Summary

BNS Section 217 penalizes individuals for providing false information to public servants with malicious intent, emphasizing the protection of lawful authority and the rights of individuals from wrongful actions. The penalties include imprisonment for up to one year and potential fines.