Introduction of BNS 217
BNS Section 217 of the Bharatiya Nyaya Sanhita punishes the act of intentionally giving false information to a public servant with the aim of making them misuse their legal powers against another person. This could include misleading the police, magistrates, or other officials to cause harm, injury, or annoyance to someone else. The section ensures that public servants are not manipulated through lies, and it protects individuals from being harassed or wrongfully targeted due to false reports.
The Bharatiya Nyaya Sanhita (BNS) Section 217 replaces the old Indian Penal Code (IPC) Section 182.
- Introduction of BNS 217
- What is BNS Section 217 ?
- BNS 217 in Simple Points
- Section 217 BNS Overview
- BNS 217 Punishment
- BNS 217 bailable or not ?
- Bharatiya Nyaya Sanhita Section 217
- BNS Section 217 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 217 ?
BNS Section 217 deals with the offence of providing false information to a public servant with the intent of causing that public servant to misuse their lawful power in a way that harms, injures, or annoys another person. This section punishes the act of intentionally misleading a public servant to manipulate their actions, leading to harm or annoyance to others.
Under Section 217 of the bns act 2023
“Whoever gives any information which they know or believe to be false, with the intent to cause, or knowing it is likely to cause, a public servant to misuse their lawful powers in a way that causes harm, injury, or annoyance to another person, shall be punished with imprisonment up to one year, or with fine up to ₹10,000, or with both.”
1. Meaning of “Giving False Information to Public Servant”
- It means knowingly giving false or misleading information to a public servant like a police officer, magistrate, or any government officer.
- The false information must be given with the intention of making the public servant misuse their legal powers.
- The key factor is that the false statement leads to harm, annoyance, or wrongful trouble for another person.
2. Who is Covered?
This section applies to any person who:
- Intentionally gives false or fake information to a public servant.
- Knows that the information is false or believes it to be false.
- Wants the public servant to act on it, resulting in harm to another person.
3. Nature of the Offence
- Non-cognizable → Police cannot arrest without a warrant.
- Bailable → The accused can get bail as a matter of right.
- Non-compoundable → The case cannot be settled privately; it must go through trial.
- Triable by any Magistrate → Can be tried in a Magistrate’s court.
4. Examples of BNS Section 217
Example 1 – False Police Complaint
A man falsely reports to the police that his neighbor is storing illegal weapons. The police raid the neighbor’s house, but nothing is found. The man is guilty under BNS 217 for intentionally providing false information to harm his neighbor.
Example 2 – Misleading the Magistrate
A person informs a Magistrate that an officer took bribes, even though he knows it is false. The Magistrate starts proceedings against the officer. This false statement to cause harm makes the informer guilty under this section.
Example 3 – Not Guilty
If someone provides wrong information by mistake (believing it to be true), it will not attract BNS Section 217. The law punishes only intentional falsehoods.
5. Punishment under BNS Section 217
- Imprisonment → Up to 1 year.
- Fine → Up to ₹10,000.
- Both → In serious cases, both imprisonment and fine can be imposed.
6. Importance of BNS Section 217
- Prevents misuse of authority → Stops false complaints from making public servants misuse their powers.
- Protects innocent people → Ensures no one suffers harassment or wrongful punishment due to lies.
- Maintains trust in the legal system → Encourages truthful reporting to public authorities.
- Discourages malicious intent → Acts as a warning to those who try to misuse the law to settle personal scores.
Section 217 BNS Overview
BNS Section 217 makes it an offence to knowingly give false information to a public servant with the intent to cause harm, annoyance, or injury to another person by having the public servant misuse their legal authority. The person providing false information can be punished with imprisonment of up to one year, a fine up to 10,000 rupees, or both.
10 Key Points of BNS Section 217 Explained
- Providing False Information
This section applies when someone intentionally gives false or misleading information to a public servant, knowing that the information is not true. - Knowledge of Falsehood
The person must know that the information they are giving is false or misleading. If they believe the information is true, they may not be held liable under this section. - Intent to Mislead a Public Servant
The individual giving the false information must do so with the intention of causing the public servant to act on that misinformation. The public servant’s action, based on false information, must result in harm or annoyance to another person. - Public Servant’s Legal Power
The section applies when the public servant, acting in their official capacity, uses their lawful authority based on the false information provided. This misuse of authority, based on incorrect facts, must result in some negative consequence for another person. - Harm or Annoyance to Another Person
The false information must cause, or likely cause, injury, harm, or annoyance to another person. This could include actions such as unjustified searches, harassment, or any form of legal or administrative trouble for the person affected. - Two Key Scenarios
BNS Section 217 covers two types of false statements:- (a) False information causing the public servant to do something they shouldn’t if the true facts were known.
- (b) False information causing the public servant to misuse their legal power to harm or annoy another person.
- Punishment
If found guilty under BNS Section 217, the offender may face imprisonment for up to one year or a fine up to 10,000 rupees, or both. This punishment serves to deter people from attempting to manipulate public servants for personal gain. - Non-Cognizable Offence
This is a non-cognizable offence, meaning the police cannot arrest the offender without a warrant. The offence requires judicial involvement for further legal action. - Bailable Offence
The offence is bailable, meaning the accused can seek bail and does not necessarily need to remain in custody until the trial concludes. - Trial by Any Magistrate
The case can be tried by any Magistrate, making the process more accessible in terms of judicial proceedings.
Examples of BNS Section 217
Example 1:
Person A falsely tells a Magistrate that Police Officer Z neglected his duty, knowing this information is false. A’s intention is to have the Magistrate take action against Z, such as dismissing him from his position. A has committed an offence under BNS Section 217 because he intentionally gave false information to cause harm to Z.
Example 2:
Person B falsely informs a public servant that Person C is hiding contraband in their house. B knows this information is false but wants to cause trouble for C by triggering a police search of C’s premises. B has committed an offence under BNS Section 217 by providing false information with the intent to cause annoyance and inconvenience to C.
BNS 217 Punishment
- Imprisonment
A person found guilty of providing false information with intent to harm or annoy someone through the misuse of a public servant’s legal power can face imprisonment for up to one year. The length of the imprisonment can vary based on the severity of the situation and the extent of harm caused. - Fine
In addition to imprisonment, the individual may also be fined. The fine can go up to 10,000 rupees, depending on the circumstances and the extent of the offence. In some cases, both imprisonment and a fine can be imposed.
BNS 217 bailable or not ?
BNS Section 217 is a bailable offence. This means that a person accused under this section can seek bail and does not necessarily need to remain in custody during the trial. Bail allows the accused to be released from detention until the court makes a final decision.
Comparison Table – BNS Section 217 vs IPC Section 182
| Points of Difference | BNS Section 217 | IPC Section 182 |
|---|---|---|
| What the law says | Punishes anyone who gives false information to a public servant with the intent to make them misuse their lawful powers, causing harm or annoyance to another person. | Punished individuals who provided false information to a public servant, leading them to act wrongfully against someone else. |
| Punishment | Imprisonment up to 1 year, or fine up to ₹10,000, or both. | Imprisonment up to 6 months, or fine up to ₹1,000, or both. |
| Nature of Offence | Non-cognizable, Bailable, Non-compoundable, Triable by any Magistrate. | Non-cognizable, Bailable, Non-compoundable, Triable by any Magistrate. |
| Focus of Law | Protects people from harassment caused by false complaints or misleading information given to authorities. | Similar focus but with much lighter punishments. |
| Relation Between the Two | BNS Section 217 is the new law, replacing IPC 182 with stricter penalties. | IPC Section 182 was the old law, now replaced by BNS 217. |
BNS Section 217 FAQs
What is BNS Section 217 about?
BNS Section 217 deals with the act of giving false information to a public servant with the intent to cause harm, injury, or annoyance to another person by manipulating the public servant’s legal authority.
What is the punishment under BNS Section 217?
The punishment can be imprisonment for up to one year, a fine up to 10,000 rupees, or both.
Is the offence under BNS Section 217 bailable?
Yes, it is a bailable offence, which means the accused can apply for bail.
Is BNS Section 217 a cognizable offence?
No, it is a non-cognizable offence, meaning the police cannot arrest the accused without a warrant.
Who can try cases under BNS Section 217?
The case can be tried by any Magistrate.
Does the false information have to cause actual harm to be punishable under this section?
No, even if the false information is likely to cause harm or annoyance, it can still be punishable under BNS Section 217.
Conclusion
BNS Section 217 plays a crucial role in ensuring honesty and fairness in communication with public servants. By punishing those who deliberately provide false information to cause harm, the law protects individuals from wrongful legal action and prevents the misuse of official powers. This section strengthens trust in the justice system and discourages malicious attempts to mislead authorities.
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