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BNS Section 217: False information, with intent to cause public servant to use his lawful power to injury of another person

Section 217 of the Bharatiya Nyaya Sanhita, 2023 deals with false information, with intent to cause public servant to use his lawful power to injury of another person. It replaces IPC 182 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 217 is non-cognizable and bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
217Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person.Imprisonment for 1 year, or with fine of 10,000 rupees, or both.Non-cognizableBailableAny Magistrate

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 217

217. 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.

Illustrations.

(a) A informs a Magistrate that Z, a police officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.

(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.

Refusing oath or affirmation when duly required by public servant to make it.

Refusing to answer public servant authorised to question.

Refusing to sign statement.

False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation.

False information, with intent to cause public servant to use his lawful power to injury of another person.

Resistance to taking of property by lawful authority of a public servant.

Obstructing sale of property offered for sale by authority of public servant.

Illegal purchase or bid for property offered for sale by authority of public servant.

Obstructing public servant in discharge of public functions.

Omission to assist public servant when bound by law to give assistance.

Disobedience to order duly promulgated by public servant.

(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section.

IPC sections replaced

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