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Introduction of 246 BNS

246 BNS deals with the fraudulent or dishonest act of making a false claim in court with the intention of harming or annoying another person. This section aims to prevent the misuse of the legal system by individuals who knowingly file false claims, leading to unnecessary harm, annoyance, or legal trouble for others. The punishment for such an offense includes imprisonment and a fine.


The Bharatiya Nyaya Sanhita (BNS) Section 246 replaces the old Indian Penal Code (IPC) Section 209.



What is BNS Section 246 ?

BNS Section 246 is a law that punishes anyone who dishonestly or fraudulently makes a claim in court, knowing that the claim is false. The law is designed to prevent individuals from misusing the legal system for personal gain or to harm others by filing false cases.


BNS 246 punishes false claims made with dishonest intent.
246 BNS False claims with intent to harm or annoy punished.

BNS 246 in Simple Points

  1. Making False Claims in Court:
    • This section targets individuals who knowingly and dishonestly file false claims in court. The key element here is the person’s awareness that the claim they are making is false and that they are doing it fraudulently or with bad intentions.
  2. Intent to Harm or Annoy:
    • A significant aspect of BNS Section 246 is the intent behind the false claim. The person must have the intention to injure or annoy the other party involved in the legal process. This could involve causing financial loss, legal complications, or even reputational harm to the other person.
  3. Fraudulent or Dishonest Conduct:
    • The law addresses both fraudulent and dishonest behavior. Fraudulent conduct involves deliberate deception to secure an unfair or unlawful gain, while dishonesty refers to actions taken with the knowledge that they are not morally right. Both types of conduct are punishable under this section.
  4. Punishment – Imprisonment and Fine:
    • If found guilty under this section, the person can be sentenced to imprisonment for a term of up to two years. In addition to imprisonment, they may also be liable to pay a fine, which is determined by the court based on the severity of the false claim.
  5. Legal Classification – Bailable and Non-Cognizable:
    • BNS Section 246 is classified as a bailable and non-cognizable offense. This means that the accused can apply for bail and cannot be arrested without a warrant. The case is triable by a Magistrate of the first class, and it is a non-compoundable offense, meaning it cannot be settled between the parties without court intervention.

Section 246 BNS Overview

BNS Section 246 is a law that punishes anyone who knowingly makes a false claim in court with the intention of causing harm or annoyance to another person. This section is meant to stop people from abusing the legal system by filing dishonest or fraudulent claims that they know are false.

10 Key Points of BNS Section 246

  1. False Claim in Court:
    • BNS Section 246 applies to cases where a person deliberately makes a false claim in a court of law. This means the person knows their claim is not true, but they make it anyway to deceive the court or harm another person.
  2. Intention to Injure or Annoy:
    • The key part of this section is the intention behind the false claim. The person must have the intent to injure or annoy the other party involved in the case. This could be done to cause legal trouble, financial loss, or emotional distress.
  3. Fraudulent or Dishonest Behavior:
    • The person making the false claim must act fraudulently or dishonestly. Fraudulent behavior involves intentional deception, while dishonesty refers to knowingly acting in a way that is wrong or unethical. Both actions are punishable under this section.
  4. Punishment for False Claims:
    • If a person is found guilty under BNS Section 246, they can be sentenced to up to two years in prison. The length of the sentence depends on the severity of the false claim and the harm it caused.
  5. Liable to Fine:
    • In addition to imprisonment, the offender may also have to pay a fine. The amount of the fine is decided by the court based on the nature of the false claim and the damage it caused.
  6. Bailable Offense:
    • BNS Section 246 is a bailable offense, meaning that the person accused of the crime can apply for bail and be released from custody while the case is being heard.
  7. Non-Cognizable Offense:
    • This section is classified as non-cognizable, meaning the police cannot arrest the accused without a warrant. The case has to go through the legal process, and the court must issue an order for further action.
  8. Triable by Magistrate of the First Class:
    • Cases under BNS Section 246 are handled by a Magistrate of the first class, which means that this type of case is considered serious but is handled at the lower magistrate court level.
  9. Non-Compoundable Offense:
    • BNS Section 246 is non-compoundable, meaning that the parties involved in the case cannot settle the matter privately or withdraw the case. The court must decide on the case, and the legal process cannot be stopped by the parties involved.
  10. Focus on Preventing Legal Misuse:
    • The primary objective of BNS Section 246 is to prevent the misuse of the legal system by individuals who make false claims for personal gain or to harm others. This section acts as a deterrent for people who think they can get away with dishonest behavior in court.

Examples of BNS Section 246

  1. Example 1:
    • Rajesh files a case in court claiming that his neighbor, Suman, has stolen his motorcycle, knowing very well that Suman did no such thing. Rajesh made the claim only to harass Suman because of a personal dispute. Rajesh’s false claim is covered under BNS Section 246.
  2. Example 2:
    • Meena falsely claims in court that her colleague, Ravi, owes her ₹1 lakh, even though she knows that Ravi never borrowed any money from her. Meena does this out of spite to cause trouble for Ravi. This is a fraudulent claim, and she can be punished under BNS Section 246.

BNS 246 Punishment

  • Imprisonment: The person can face imprisonment for a term of up to two years.
  • Fine: In addition to imprisonment, the offender may also be fined, depending on the nature of the false claim and the harm caused.

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BNS 246 bailable or non bailable ?

Yes, BNS Section 246 is a bailable offense, meaning the accused has the right to apply for bail while awaiting trial.


Bharatiya Nyaya Sanhita Section 246

SectionOffensePunishmentCognizabilityBailabilityTriable By
BNS Section 246Making false claims in courtImprisonment up to 2 years and fineNon-cognizableBailableMagistrate of the first class
Bharatiya Nyaya Sanhita Section 246

BNS Section 246 FAQs

What is the main focus of BNS Section 246?

What is the punishment under BNS Section 246?

The punishment includes imprisonment for up to two years and a fine, depending on the severity of the false claim.

Is BNS Section 246 a bailable offense?

Who can trial cases under BNS Section 246?

Is BNS Section 246 a compoundable offense?

Does BNS Section 246 apply only to civil cases?


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