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Introduction of BNS Section 212

BNS Section 212 deals with situations where a person, who is legally bound to give information to a public servant, knowingly provides false information. The section aims to prevent people from misleading authorities with incorrect facts, especially when the information is related to a crime or preventing a crime. If someone provides false information, they can be punished with imprisonment or fines, depending on the seriousness of the misinformation.


The Bharatiya Nyaya Sanhita (BNS) Section 212 replaces the old Indian Penal Code (IPC) Section 177.



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.

BNS 212: Punishments for Providing False Information
Consequences of giving false information under BNS 212.

BNS 212 in Simple Points

  1. Legally Bound to Provide True Information: This section applies to people who are legally required to provide truthful information to a public servant. If they knowingly provide false information, they commit an offence.
  2. False Information Related to Crimes: If the false information relates to the commission of a crime, the punishment is more severe. This includes cases where the information could prevent a crime or help in catching a criminal.
  3. Punishment for False Information: If someone knowingly provides false information on general subjects (not related to a crime), they can be punished with up to six months of imprisonment, a fine of ₹5,000, or both.
  4. Punishment for False Information Regarding Crimes: If the false information relates to a crime, the punishment is stricter, with imprisonment of up to two years, a fine, or both. This ensures that people do not mislead the authorities in matters that involve criminal activities.
  5. Non-Cognizable and Bailable: The offence under this section is non-cognizable, meaning the police cannot arrest without a warrant. It is also a bailable offence, which means the accused can be released on bail.

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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

  1. 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.
  2. 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

  1. Imprisonment: For general false information, the punishment is simple imprisonment for up to six months.
  2. 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 Punishments for False Information: Imprisonment & Fines
BNS 212 Punishment : Imprisonment and fines for providing false info

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.


Bharatiya Nyaya Sanhita Section 212

PointsDetails
OffenceFurnishing false information to a public servant
DefinitionKnowingly providing false information when legally required
PunishmentImprisonment up to 6 months or 2 years, or fine, or both
BailableYes
CognizableNo
Trial CourtAny Magistrate
Bharatiya Nyaya Sanhita Section 212

BNS Section 212 FAQs

What is BNS Section 212?

What is the punishment under BNS Section 212?

Is BNS Section 212 a bailable offence?

Can the police arrest someone immediately under BNS Section 212?

Who can try cases under BNS Section 212?


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