BNS 240 : Giving false information respecting an offence committed.

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Introduction of BNS 240

BNS 240 criminalises the act of intentionally giving false information about a crime. When someone knowingly provides fabricated or misleading details to the police, a magistrate, or other authorities with the purpose of deceiving or obstructing an investigation, they invite legal punishment. This provision protects the investigation process, safeguards innocent people from wrongful accusation, and deters misuse of police time and public resources. Under BNS 240, the law makes clear that spreading or presenting false facts about offences is itself a punishable offence — whether the falsehood protects a real offender, frames an innocent, or wastes the machinery of justice.

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The Bharatiya Nyaya Sanhita (BNS) Section 240 replaces the old Indian Penal Code (IPC) Section 203.

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What is BNS Section 240 ?

BNS Section 240 of the Bharatiya Nyaya Sanhita makes it illegal to give false information about a crime that has been committed. If someone deliberately shares false or incorrect information about an offence, they can face legal consequences. The section ensures that false information does not interfere with the investigation of offences and the administration of justice.

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Under Section 240 of the bns act 2023

“Whoever gives or fabricates false information respecting an offence committed, knowing or believing such information to be false, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.”

1. Meaning of “Giving False Information Respecting an Offence”

• This section applies when a person intentionally provides false details about a crime.
• The false information may be given to police, magistrates, or other authorities involved in investigations.
• The law requires that the person knows or believes the information is false.
• Even if the falsehood does not succeed in misleading, the act of giving such information itself is punishable.

2. Who is Covered?

This section applies to:

• Individuals filing false police complaints about offences.
• Witnesses or parties who knowingly provide fabricated details of a crime.
• Persons giving false information to protect a criminal, frame an innocent person, or obstruct justice.
• Anyone misleading authorities with false declarations about offences, whether in India or abroad (if punishable under Indian law).

3. Nature of the Offence

• Non-Cognizable → Police cannot investigate without magistrate approval.
• Bailable → The accused has the right to bail.
• Non-Compoundable → Cannot be settled privately; trial is necessary.
• Triable by Magistrate → Heard in a Magistrate’s Court.

4. Examples of BNS Section 240

• Example 1 – Fake Robbery Complaint
  A man files a police report about a robbery he knows never happened. → Punishable under Section 240.
• Example 2 – Protecting a Criminal
  A witness lies to police, giving false details of a murder case to protect the real offender. → Covered under this section.
• Example 3 – False Information Abroad
  Someone gives false details about a crime committed outside India. Since the act would be punishable if done in India, Section 240 applies.
• Example 4 – No Offence Case
  If a person unknowingly provides wrong details but genuinely believed them to be true, they are not guilty.

5. Punishment under BNS Section 240

• Imprisonment → Up to 2 years.
• Fine → Amount decided by court.
• Both → Court may impose imprisonment and fine together.

6. Importance of BNS Section 240

• Prevents false complaints that waste judicial time and police resources.
• Protects innocent persons from being wrongly implicated.
• Ensures truthfulness in investigations and maintains credibility of justice system.
• Strengthens the principle that falsehood in criminal reporting is itself a crime.

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Section 240 BNS Overview

BNS Section 240 of the Bharatiya Nyaya Sanhita criminalizes the act of providing false information about an offence, knowing or believing the information to be false. It is designed to prevent individuals from misleading law enforcement and obstructing justice by intentionally providing incorrect or deceptive information regarding crimes. The punishment for this offence can include imprisonment for up to two years, a fine, or both.

BNS Section 240 – 10 Key Points

1. False Information about an Offence
   • BNS Section 240 applies to individuals who give false information about a crime that they know or believe to be false. This could include making misleading statements to the police, court, or other authorities involved in the investigation of the offence.
   • Example: A person tells the police that they witnessed a theft when they know for sure that no theft took place.
2. Intent to Mislead
   • The person must intentionally provide false information about an offence. They must know that the information they are giving is false or have reasons to believe that it is false.
   • Example: A witness falsely claims to have seen someone commit a crime in order to protect the actual criminal.
3. Punishment under BNS Section 240
   • If someone is found guilty of giving false information, they can face imprisonment for up to two years, or a fine, or both. The severity of the punishment depends on the seriousness of the offence and the extent of the false information.
   • Example: A person who knowingly gives false details about a murder may receive the maximum punishment of two years’ imprisonment or both imprisonment and a fine.
4. False Information Can Block Justice
   • By providing false information, a person can hinder or block the investigation of a real offence, causing delays in justice and obstructing law enforcement from finding the truth.
   • Example: A person falsely accuses someone of a crime, causing the police to waste valuable time investigating a case that isn’t real.
5. Applies to Crimes Committed in India or Abroad
   • BNS Section 240 covers false information about crimes committed not only within India but also outside India, as long as the crime would be punishable under Indian law if it occurred in India.
   • Example: A person provides false information about a robbery that took place in another country, but if it were committed in India, it would be punishable under Indian law.
6. Serious Offences Covered
   • This section applies to serious offences like murder, attempt to murder, causing grievous hurt, and certain other violent crimes. This ensures that giving false information about such grave offences is punishable under law.
   • Example: Someone gives false information to the police about a serious offence such as an attempted murder to protect the real perpetrator.
7. Legal Repercussions of False Information
   • Misleading authorities with false information can lead to significant legal repercussions. The law treats such acts seriously because they obstruct investigations and mislead the court.
   • Example: A person deliberately lies in court under oath, providing false evidence in an ongoing case.
8. Non-Cognizable Offence
   • BNS Section 240 is a non-cognizable offence, meaning the police cannot arrest the accused without a warrant. A non-cognizable offence also means that the police require prior approval from a magistrate before proceeding with an investigation.
   • Example: If someone provides false information to the police, the police need to get approval from a magistrate before starting an investigation.
9. Bailable Offence
   • This section is bailable, meaning that if a person is arrested under this section, they can apply for bail. The accused can be released from custody until their trial begins.
   • Example: If someone is arrested for giving false information, they can apply for bail and may be released while awaiting their trial.
10. Trial by Magistrate
    • Offences under BNS Section 240 are triable by any Magistrate. This means that the case can be heard in a lower court, and it does not require a higher-level court like the Sessions Court.
    • Example: A person found guilty of giving false information can be tried in a Magistrate’s Court, which deals with less severe cases.

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BNS 240 Punishment

1. Imprisonment:
   • The person found guilty under BNS Section 240 can face imprisonment for up to two years.
2. Fine:
   • Along with imprisonment, the person may also be liable to pay a fine, or both imprisonment and fine may be imposed, depending on the case.

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BNS 240 bailable or not ?

Yes, BNS Section 240 is a bailable offence, meaning that if someone is arrested under this section, they are allowed to apply for bail and can be released while awaiting their trial.

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Comparison table — BNS 240 vs IPC 203

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BNS Section 240 FAQs

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Conclusion

BNS Section 240 is an important safeguard for the criminal justice process. By penalising the deliberate giving of false information about offences, the law discourages malicious complaints, protects innocent people from wrongful investigation, and preserves the integrity of police and court resources. While the punishment (up to two years’ imprisonment, fine, or both) signals the seriousness of such conduct, the real value of this provision lies in discouraging behaviour that obstructs truth and wastes public trust. For anyone interacting with law-enforcement or courts—witnesses, parties, or complainants—the message is clear: truthfulness is compulsory; falsehood is criminal.

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