BNS 248 : False charge of offence made with intent to injure.

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Introduction of BNS Section 248

BNS 248 penalises the deliberate institution or support of a criminal proceeding when the actor knows there is no just ground for it and acts with the intent to injure, annoy, or subject somebody to prosecution. The provision protects individuals from malicious complaints and wrongful prosecution, with heavier penalties where the false charge alleges very serious offences.

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The Bharatiya Nyaya Sanhita (BNS) Section 248 replaces the old Indian Penal Code (IPC) Section 211.

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What is BNS Section 248 ?

BNS Section 248 deals with the crime of falsely accusing someone of an offence with the intent to cause harm. This law is intended to protect individuals from being maliciously dragged into criminal proceedings by someone who knows that the charges they are making are false. The law specifies that if a person intentionally files or supports a false accusation, they can be punished with imprisonment, a fine, or both. The punishment is more severe if the false accusation involves serious crimes like those punishable by death, life imprisonment, or long-term imprisonment.

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BNS 248 in Simple Points

“Whoever, with intent to cause injury to, or to annoy, or to subject to criminal prosecution, any person, institutes or causes to be instituted against that person any criminal proceeding, knowing that there is no just ground for such proceeding, shall be punished as provided in this section.”

1. Meaning of “Making a False Charge”

• The section targets instituting or supporting a criminal proceeding when the initiator knows there is no just ground for it.
• The false charge must be made with intent to injure, annoy, or subject the targeted person to criminal prosecution.
• Mere mistake, honest belief, or report in good faith does not attract liability — knowledge of falsity and malicious intent are essential.

2. Who is Covered?

This provision applies to:

• Complainants who file knowingly baseless FIRs or complaints.
• Witnesses or co-accusers who give false information and support prosecution despite knowing it’s untrue.
• Any person who causes or procures criminal proceedings to be started without just cause, intending harm.

3. Nature of the Offence

• Two limbs (severity based on offence charged):
  • Lesser false charges (non-serious offences) — lower maximum sentence.
  • False charges alleging offences punishable with death, life imprisonment, or long sentences — higher maximum.
• Non-cognizable → Police cannot arrest without magistrate’s order or proceed without court permission.
• Bailable → Accused may apply for bail.
• Non-compoundable → Cannot be privately settled; prosecution proceeds.
• Trial forum depends on severity: Magistrate for lesser charges; Sessions Court for very serious false accusations.

4. Examples of BNS Section 248

• Example 1 (lesser charge): A files an FIR accusing B of petty theft, knowing B is innocent, to harass B. → Offence under Section 248(a).
• Example 2 (serious charge): C falsely accuses D of murder with the aim of ruining D’s life. Because the false charge alleges an offence punishable with life or death, harsher penalty applies under Section 248(b).
• Example 3 (no offence): E, genuinely mistaken and believing a crime occurred, reports it. No liability under this section.

5. Punishment under BNS Section 248

• Section 248(a) (false charge for ordinary offences): imprisonment up to 5 years, and/or fine (up to specified limit).
• Section 248(b) (false charge alleging offences punishable with death, life imprisonment, or long terms): imprisonment up to 10 years, and fine.
  (Exact fine amounts and sub-clauses may be reflected in the statute; courts decide sentence within these limits.)

6. Importance of BNS Section 248

• Protects individuals from malicious prosecution and wrongful criminal harassment.
• Safeguards reputations and liberty by deterring the making of knowingly false accusations.
• Preserves the integrity of criminal justice by ensuring police and courts are not misused for vendetta or spite.
• Differentiates honest reporting from malicious fabrication, punishing only the latter.

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Section 248 BNS Overview

BNS Section 248 criminalizes the act of falsely accusing another person of a crime with the intention of causing harm, even when the accuser knows there is no valid basis for such charges. This section aims to maintain the integrity of the legal system and prevent individuals from misusing it to settle personal scores or grievances.

10 Key Points of BNS Section 248 Explained in Detail

1. Intent to Cause Harm is Essential
   • For an action to fall under BNS Section 248, the false accusation must be made with a clear intent to harm the accused. Simply providing incorrect information without any intent to injure would not be enough to charge someone under this section.
2. Covers Both Initiating and Supporting False Charges
   • This section applies not only to those who start a false case but also to those who support or contribute to such a case, knowing it is untrue. This includes helping someone else to initiate a false case with the intent to harm another person.
3. Knowledge of Falsity is Crucial
   • The person making the accusation must know that the charges are baseless. If the accuser genuinely believes the information to be true, it does not fall under this section. This ensures that only deliberate acts are penalized.
4. Different Levels of Punishment Based on Severity
   • The punishment varies based on the seriousness of the false accusation. If the false charge involves a lesser offence, the accused could face up to 5 years of imprisonment or a fine. However, if the false charge is serious (e.g., an accusation of a crime that could result in life imprisonment), the punishment increases to up to 10 years.
5. Penalties Include Imprisonment and Fines
   • The law provides for both imprisonment and fines to deter people from making false accusations. Lesser false charges may lead to a maximum of 5 years in prison or a fine up to 2 lakh rupees, or both. For more serious charges, the imprisonment can be up to 10 years, along with additional fines.
6. Non-Cognizable Offence
   • BNS Section 248 is classified as non-cognizable, which means that police cannot arrest the accused or start an investigation without a court’s approval. This provides a layer of protection to ensure that only substantiated cases proceed in court.
7. Bailable Offence
   • This section is bailable, meaning that the accused can seek bail and may not have to stay in custody throughout the legal process. This allows the accused to remain out of jail during the trial if granted bail by the court.
8. Different Trials for Different Levels of Offences
   • For less severe cases under this section, a Magistrate of the first class conducts the trial. However, if the false accusation is of a serious crime punishable by life imprisonment or death, the case is tried by the Court of Sessions, which handles more serious offences.
9. Protection of Legal Integrity
   • By penalizing false accusations, BNS Section 248 upholds the integrity of the legal system. It prevents individuals from exploiting the justice system for personal revenge or gain and protects innocent people from being wrongfully dragged into legal battles.
10. Discourages Malicious Prosecutions

• This section serves as a deterrent against malicious prosecutions, where people might otherwise try to use legal proceedings as a weapon against others. Knowing that a false accusation can lead to serious consequences helps reduce the risk of misuse of the legal system.

2 Simple Examples

1. Example 1:
   • Raj accuses his neighbor, Sohan, of theft and files a police report against him. However, Raj knows very well that Sohan did not commit any theft, and he is just trying to get back at him due to a personal dispute. Raj can be punished under BNS Section 248(a) for filing a false charge with intent to harm.
2. Example 2:
   • Meena falsely claims that her colleague, Rakesh, has committed a serious crime like murder, which could lead to life imprisonment. She does this to ruin his reputation because of a workplace rivalry. Since the accusation is false and involves a serious crime, Meena can face up to 10 years of imprisonment under BNS Section 248(b).

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BNS 248 Punishment

For False Charges in General (Section 248(a)):

• Imprisonment: Up to 5 years
• Fine: Up to 2 lakh rupees
• Or both imprisonment and fine

For False Charges Involving Serious Offences (Section 248(b)):

• Imprisonment: Up to 10 years
• Fine: Additional fine applicable

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BNS 248 bailable or not ?

Section 248(a): Bailable (handled by a Magistrate of the first class).

Section 248(b): Bailable (handled by the Court of Sessions)

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Comparison table — BNS 248 vs IPC 211

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BNS Section 248 FAQs

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Conclusion

BNS Section 248 is an essential safeguard against the abuse of criminal procedure. By criminalising the knowing institution or support of baseless proceedings aimed to injure or annoy, the law protects innocent people from malicious prosecution and helps maintain public trust in policing and courts. The tiered penalties ensure proportionate punishment where false accusations involve serious alleged offences.

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