BNS 248

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Introduction of BNS Section 248

BNS Section 248 addresses the offence of making a false charge against someone with the intent to harm them. This section is designed to protect individuals from malicious accusations that could lead to unwarranted legal consequences, reputational damage, or mental distress. Under this law, those who knowingly initiate or support a false legal charge or criminal proceeding without any legitimate grounds are subject to legal penalties. The severity of the punishment depends on the nature of the false accusation.

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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

BNS Section 2248 Explained in 5 Key Points

1. False Accusation with Intent to Harm
   • Under BNS Section 248, the person making the false accusation must have the clear intent to harm the accused. This means that the accuser is not merely mistaken but is deliberately lying to get someone into trouble. For example, if Person A falsely accuses Person B of theft to damage their reputation or cause them distress, knowing fully well that Person B did not commit the crime, Person A can be charged under this section.
2. Knowledge of Falsehood
   • It is essential that the person making the accusation knows that there are no just grounds for it. This means the accuser must be aware that the accusation is baseless. For instance, if someone files a police complaint accusing a neighbor of assault despite knowing that no such incident occurred, they can be punished under this section. The law protects individuals from being targeted by those who misuse the legal system for personal grudges.
3. Different Levels of Punishment Based on Severity
   • The punishment under BNS Section 248 varies depending on the seriousness of the false accusation. If the false charge is for a minor crime, the person can be sentenced to up to 5 years in prison, fined up to 2 lakh rupees, or both. However, if the false accusation involves serious offences like murder or offences punishable by life imprisonment, the punishment can go up to 10 years of imprisonment along with a fine. This differentiation ensures that the punishment fits the gravity of the false charge.
4. Non-Cognizable and Bailable Offence
   • Offences under BNS Section 248 are non-cognizable, which means that the police cannot arrest the accused without a warrant or start an investigation without the court’s permission. Additionally, these offences are bailable, allowing the accused to seek bail and avoid detention during the trial. This provision ensures that those accused under this section are not unduly detained, given the nature of the offence.
5. Trial by Magistrate or Court of Sessions
   • The trial for cases under BNS Section 248 depends on the severity of the false charge. If it is a lesser false charge, it is tried by a Magistrate of the first class. However, if the false accusation is related to serious crimes like those punishable by death or life imprisonment, the case is tried by the Court of Sessions. This ensures that cases are handled by the appropriate level of judiciary based on their seriousness.

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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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Bharatiya Nyaya Sanhita Section 248

BNS Section	Offence	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial by
248(a)	Making false charges with intent to harm	Imprisonment up to 5 years, fine up to 2 lakh rupees, or both	Bailable	Non-cognizable	Magistrate of the first class
248(b)	False charges involving death penalty or life imprisonment	Imprisonment up to 10 years and fine	Bailable	Non-cognizable	Court of Sessions

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BNS Section 248 FAQs

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