BNS 217

Introduction of BNS 217

BNS 217 of the Bharatiya Nyaya Sanhita addresses the act of providing false information to a public servant with the intent to manipulate them into using their legal powers in a way that causes harm or annoyance to another person. This section punishes individuals who intentionally mislead public servants, leading to legal consequences for others due to misinformation.

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The Bharatiya Nyaya Sanhita (BNS) Section 217 replaces the old Indian Penal Code (IPC) Section 182.

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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.

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BNS 217 in Simple Points

1. False Information to Public Servants
   This section applies when a person intentionally provides false information to a public servant. The information must be knowingly false, meaning the individual giving the information understands it is not true, but still provides it with the goal of misleading the public servant.
2. Intention to Cause Harm or Annoyance
   The person providing the false information must do so with the intent of causing the public servant to use their legal powers to harm or annoy someone else. This could involve getting someone falsely investigated, searched, or punished.
3. Misuse of Legal Power
   The section covers situations where a public servant uses their legal powers based on the false information provided, leading to actions that they would not have taken had they known the truth. This can result in unnecessary legal actions, searches, or other forms of harassment to the affected person.
4. Non-Cognizable Offence
   BNS Section 2217 is classified as a non-cognizable offence, meaning the police cannot arrest the accused without a warrant. This requires judicial oversight to proceed with legal action, ensuring that false accusations are handled carefully.
5. Bailable Offence
   The offence under this section is bailable, meaning the accused has the right to request bail and does not need to remain in custody while awaiting trial. Bail can be granted based on the circumstances of the case and the accused’s legal representation.

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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

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

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BNS 217 Punishment

1. 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.
2. 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.

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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.

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Bharatiya Nyaya Sanhita Section 217

Section	Offence	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial By
BNS Section 217	Giving false information to a public servant	Imprisonment up to 1 year, or fine up to 10,000 rupees, or both	Bailable	Non-Cognizable	Any Magistrate

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BNS Section 217 FAQs

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