False Statement and Information -Criminal laws
Sec.154 requires is information as to the commission of a cognizable offence to set the investigation machinery into action. FIR may or may not contain all details and particulars as to the incident. It is sufficient if it indicates commission of a crime so as to enable police to start investigation. Elaborate account of everything what has happened is not necessary. FIR is not an encyclopaedia or chronicle of the exhaustive details of the occurrence of the event. If any person gives information to an officer in charge of the Police station of the commission of the non-cognizable offence, the officer shall forward such information to the magistrate having jurisdiction.
False Statement and Information under Indian Penal Code,1860 & Bharatiya Nyaya Sanhita, 2023 (New Amendment Bill)
- Section 182 of Indian Penal Code,1860 False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation.Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant –to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or to use the lawful power of such a public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
- Section 215 of the Bharatiya Nyaya Sanhita, 2023 (New Amendment Bill)
- S.215. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation.
Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant—
(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him; or
(b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to
one year, or with fine which may extend to ten thousand rupees, or with both.
- Section 203 of Indian Penal Code,1860 Giving false information respecting an offence committed.Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanations
- In sections 201 and 202 and in this section the word “offence” includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.
- Section 215 of the Bharatiya Nyaya Sanhita, 2023 (New Amendment Bill)
- Sec.238 giving false information respecting an offence committed. Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanation.—In sections 236 and 237 and in this section the word “offence” includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 97, 99, 172, 173, 174, 175, 301,303, 304, 305, 306, 320, 325 and 326.
- Section 211 of Indian Penal Code,1860 False charge of offence made with intent to injure. Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
- Section 246 of the Bharatiya Nyaya Sanhita, 2023 (New Amendment Bill) False charge of offence made with intent to injure
Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person,—
(a) shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which may extend to two lakh rupees, or with
both;
(b) if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards, shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.]
A Police officer refusing to enter in the diary a report made to him about the commission of an offence, and instead making an entry which is totally different from the information given, would be guilty under Sec.177 of Indian Penal Code,1860.
- Section 177 of Indian Penal Code,1860 Furnishing false information
Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;
or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanations
- In section 176 and in this section the word “offence” includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and the word “offender” includes any person who is alleged to have been guilty of any such act.
- Section 210 of the Bharatiya Nyaya Sanhita, 2023 (New Amendment Bill) Furnishing false information.
Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false,––
(a) shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both;
(b) where the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanation.—In section 209 and in this section the word “offence” include any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 97, 99, 172, 173, 174, 175, 301, clauses (b) to (d) of section 303, sections 304, 305, 306, 320, 325 and 326 and the word “offender” includes any person who is alleged to have been guilty of any such act.
Conclusion
The Indian legal system, as set forth in the Bharatiya Nyaya Sanhita, 2023 and the Indian Penal Code (IPC), has extensive remedies and punishments to address false statements and information in criminal cases. The significance of being truthful while communicating with government employees and law enforcement authorities is emphasised by these clauses. Maintaining the integrity of the legal system and making sure that justice is carried out requires an understanding of the repercussions of supplying incorrect information. People must be aware of these legal considerations and always seek the advice of solicitors when dealing with legal matters.
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Written by Ms. Devyani Thawkar and Team.
Previous Relevant –
FIR Requirement, Evidentiary Value -FIR , FIR
Frequently Asked Questions:
Q1. What is a FIR, and what function does it serve in the Indian criminal justice system?
A1. An official document called a FIR (First Information Report) is submitted to the police to report the commission of a crime. Its aim is to activate the investigative apparatus, allowing the police to launch their inquiry.
Q2. What is covered by Section 182 of the Indian Penal Code (IPC) and what are the consequences of lying to a public official?
A2. Giving false information to a public servant is against the law according to IPC section 182. A person can be sentenced to up to six months in prison, a fine up to INR.1,000/- or both if they deliberately offer false information with the goal to make a public official act improperly or harm someone else.
Q3.What is covered by Section 203 of the Indian Penal Code (IPC) , and what are the repercussions of giving false information about a crime?
A3. Providing false information about an offence is a violation of Section 203 of the IPC. It declares that anyone who deliberately provides false information about an offence is subject to a fine, a two-year prison sentence, or both.
Q4. What is covered by Section 203 of the Indian Penal Code, and what are the repercussions of giving false information about a crime?
A4. Providing false information about an offence is a violation of Section 203 of the IPC. It declares that anyone who deliberately provides false information about an offence is subject to a fine, a two-year prison sentence, or both.
Q5. What does the word “offence” mean in the Indian Penal Code (IPC)‘s Sections 201, 202, 203, 236 and 237?
A5. The term “offence” as used in these sections refers to any act that, if performed in India, would be criminal under a particular provision of the IPC.
Q6.What major modifications to making false accusations against someone is Section 246 of the Bharatiya Nyaya Sanhita, 2023, bringing about?
A6. Making false accusations against someone with the goal to harm them is prohibited by section 246 of the Bharatiya Nyaya Sanhita, 2023. Depending on how serious the offence was, it can result in imprisonment for up to five years, a fine of up to two lakh rupees, or both.
Q7. What conduct is covered by Section 177 of the Indian Penal Code, and what are the consequences for providing a public worker with false information?
A7.Giving a public servant false information is prohibited by IPC Section 177. A person can receive up to six months in prison, a fine up to INR. 1,000/- or both if they give false information to a public official with the goal to injure or irritate them.
Q8. What changes have been made to the penalties for giving false information to public servants under Section 210 of the Bharatiya Nyaya Sanhita, 2023?
A8. The penalty for giving false information to public servants have been raised under Section 210 of the Bharatiya Nyaya Sanhita, 2023. Depending on how serious the offence was, it may result in up to two years in prison, a fine, or both.
Q9. Are there provisions to address false charges and accusations against individuals in the legal system?
A9. Yes, both the Indian Penal Code and the Bharatiya Nyaya Sanhita, 2023, include provisions to address false charges and accusations, with penalties based on the nature and severity of the false information provided.
Q10. How can individuals access legal assistance or guidance when facing issues related to false statements in criminal cases?
A.10 If individuals face issues related to false statements in criminal cases, they should consult with legal professionals or organisations that specialise in criminal defense to understand their rights, legal options, and how to navigate the legal system effectively.
