Introduction of BNS Section 212
BNS Section 212 punishes the act of knowingly giving false information to a public servant when a person is legally bound to provide correct details. The law ensures that individuals do not mislead government authorities, courts, or police officers by furnishing wrong facts.
The seriousness of punishment depends on the nature of the false information:
- If it relates to general matters, the penalty is lighter.
- If it relates to preventing or reporting a crime, the punishment is much stricter.
This section safeguards the legal system by ensuring that public servants receive truthful information for maintaining law, order, and justice.
The Bharatiya Nyaya Sanhita (BNS) Section 212 replaces the old Indian Penal Code (IPC) Section 177.
- Introduction of BNS Section 212
- What is BNS Section 212 ?
- BNS 212 in Simple Points
- Section 212 BNS Overview
- BNS 212 Punishment
- BNS 212 bailable or not ?
- Bharatiya Nyaya Sanhita Section 212
- BNS Section 212 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 212 ?
BNS Section 212 addresses the offence of knowingly furnishing false information to a public servant. If a person, who is legally required to provide information, knowingly gives false details, they can face penalties, including imprisonment of up to six months or two years, or fines, depending on the nature of the information and its connection to any offence.
Under Section 212 of the bns act 2023
If a person is legally required to give information to a public servant but knowingly gives false information, they can be punished.
The punishment depends on the type of information:
- If it is about a general matter → Up to 6 months jail, or a fine of ₹5,000, or both.
- If it is about a crime or preventing a crime → Up to 2 years jail, or fine, or both.
Meaning in Simple Words
- Some people are legally bound to share correct information with police, courts, or other authorities.
- If they intentionally lie or give false details, it becomes a crime.
- The law only applies when the person knows the information is false.
- Giving wrong details by mistake is not an offence.
Who Does it Apply To?
- Citizens – when asked for information by police or government officials.
- Business owners/companies – when required to share reports or records with authorities.
- Witnesses or complainants – if they lie while giving information.
- Anyone bound by law to provide information truthfully.
Nature of the Offence
- Non-cognizable → Police cannot arrest without a warrant.
- Bailable → The accused can get bail easily.
- Non-compoundable → The case cannot be settled privately; it must go through court.
- Triable by any Magistrate → The trial can be done in a Magistrate’s court.
Examples of BNS 212
- General Case:
A person tells the revenue officer that his shop has no workers, even though he has 10 workers. This false information can bring punishment of up to 6 months. - Crime-Related Case:
A witness lies to the police about who committed a robbery. Because this false information is related to a crime, punishment can go up to 2 years. - Preventing Crime:
A villager knows robbers went east but tells police they went west. This stops police from catching them on time. He is guilty under the stricter part of this law. - Not Guilty Example:
A person gives wrong details by mistake, thinking they were correct. Since there was no intention to lie, it is not an offence.
Punishment under BNS Section 212
- General false information → Up to 6 months jail or fine of ₹5,000, or both.
- Crime-related false information → Up to 2 years jail or fine, or both.
Importance of BNS Section 212
- Ensures that people give true information to police and courts.
- Prevents criminals from being saved through lies or false reports.
- Helps in crime prevention by punishing those who mislead authorities.
- Builds trust and accountability between citizens and the justice system.
Section 212 BNS Overview
BNS Section 212 deals with the offence of providing false information to a public servant when an individual is legally required to give correct and truthful information. This section punishes individuals who knowingly give false information, especially when it could hinder justice, prevent a crime, or assist in the apprehension of an offender. The punishment for this offence depends on the severity of the false information and its connection to any criminal activity.
BNS Section 212: 10 Key Points Explained in Detail
- Legal Obligation to Provide True Information: BNS Section 212 applies to anyone who is legally required to furnish information to a public servant, such as police officers, magistrates, or other government officials. If the individual knowingly provides false information, they are violating the law under this section.
- False Information to Public Servant: If someone gives information to a public servant, knowing that the information is false or misleading, they can be held liable under this section. The key element here is the knowledge of the falsehood, meaning the person must be aware that the information is untrue.
- Misinformation about Non-Criminal Matters: The law applies to any subject where an individual is legally obligated to provide information, even if it is not directly related to a crime. For instance, if a person provides false information about property or civil matters, they could still be prosecuted under this section.
- Misinformation about Criminal Matters: If the false information pertains to the commission of an offence, the punishment becomes more severe. For example, giving false information about a murder or robbery investigation can result in a longer imprisonment term, as this misinformation can obstruct justice.
- Prevention of Crime: The section also covers situations where providing false information could prevent the authorities from stopping a crime. If someone knowingly gives wrong details that hinder police efforts to prevent a crime, they could face a higher penalty under this law.
- Apprehension of an Offender: If false information affects the ability of law enforcement to apprehend an offender, the person providing such misinformation is subject to harsher punishment. This ensures that individuals do not protect criminals by misleading the authorities.
- Punishment for General False Information: In cases where the false information is not related to a crime, the punishment includes simple imprisonment for up to six months or a fine of up to ₹5,000. The punishment can be applied individually or together, depending on the severity of the case.
- Punishment for False Information about Crimes: When the false information is related to the commission of an offence, the imprisonment can extend to two years. This reflects the serious nature of obstructing criminal investigations through the provision of false information.
- Non-Cognizable and Bailable Offence: BNS Section 212 is categorized as a non-cognizable offence, meaning that the police cannot arrest someone without a warrant. It is also bailable, meaning the accused can apply for bail and does not necessarily have to remain in custody during the trial.
- Trial by Magistrate: Cases under BNS Section 212 are triable by any Magistrate, ensuring that individuals accused under this section are subject to a judicial process, allowing for the presentation of evidence and proper defense.
BNS Section 212: 2 Examples
- Example 1: A landowner witnesses a murder on their property. Instead of reporting the murder, they inform the police that the death occurred due to a snake bite, fully aware that this is false information. The landowner is guilty under BNS Section 212 for knowingly providing false information, especially in connection with a criminal offence.
- Example 2: A village headman notices a suspicious group of strangers passing through the village and suspects they are planning a robbery. When the police ask for information, he deliberately misleads them by saying the strangers were just passing by without any criminal intent. By withholding crucial information, the headman violates BNS Section 212, as his actions prevent the police from taking timely action.
BNS 212 Punishment
- Imprisonment: For general false information, the punishment is simple imprisonment for up to six months.
- Fine: The fine can go up to ₹5,000 for general false information. For more serious cases related to crimes, imprisonment can be up to two years or a higher fine.
BNS 212 bailable or not ?
BNS Section 212 is a bailable offence. This means that the accused person can be granted bail and does not have to remain in custody during the trial.
Comparison Table – BNS Section 212 vs IPC Section 177
| Points of Difference | BNS Section 212 | IPC Section 177 |
|---|---|---|
| What the law says | Punishes anyone who knowingly furnishes false information to a public servant when legally required to give true information. | Punished furnishing false information to a public servant when legally bound to provide true information. |
| Scope | Covers both general false information and false information relating to crimes or crime prevention. | Also covered general and crime-related false information but with lower fines and less clarity. |
| Punishment | General: Up to 6 months jail or ₹5,000 fine. Crime-related: Up to 2 years jail, fine, or both. |
General: Up to 6 months jail or ₹1,000 fine. Crime-related: Up to 2 years jail or ₹1,000 fine. |
| Nature of Offence | Non-cognizable, Bailable, Non-compoundable, Triable by any Magistrate. | Non-cognizable, Bailable, Non-compoundable, Triable by any Magistrate. |
| Main Difference | Introduces higher fines and explicitly covers **crime-prevention misinformation** more strictly. | Contained lighter fines and less emphasis on crime-prevention misinformation. |
| Relation between the two | BNS 212 is the new law, replacing IPC 177 with stricter penalties and broader scope. | IPC 177 was the old law, now replaced by BNS 212. |
BNS Section 212 FAQs
What is BNS Section 212?
BNS Section 212 deals with giving false information to a public servant when a person is legally required to provide true information.
What is the punishment under BNS Section 212?
If someone provides false information, they can be punished with imprisonment of up to six months or two years, depending on the seriousness of the information, along with fines.
Is BNS Section 212 a bailable offence?
Yes, it is a bailable offence, meaning the accused can be released on bail.
Can the police arrest someone immediately under BNS Section 212?
No, it is a non-cognizable offence, so the police need a warrant to make an arrest.
Who can try cases under BNS Section 212?
Cases under BNS Section 212 are triable by any Magistrate.
Conclusion
BNS Section 212 plays a crucial role in upholding truth and accountability in the legal system. Public servants and courts rely on accurate information to perform their duties. Any attempt to mislead them can obstruct justice, delay investigations, and even protect criminals.
By prescribing up to 6 months imprisonment for general false information and up to 2 years for crime-related misinformation, this section sends a strong message that deceiving the authorities will not be tolerated.
In simple terms, BNS Section 212 ensures that truthful communication with public authorities is not just a moral duty, but also a legal obligation.
Need Legal Support?
If you are dealing with court cases, marriage problems, or any other legal issue, our team at Marriage Solution – Lawyer Help is here for you. Simply fill out our quick online enquiry form, and we’ll connect you with the right legal expert to support your needs.