248. 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.
BNS Section 248: False charge of offence made with intent to injure
Section 248 of the Bharatiya Nyaya Sanhita, 2023 deals with false charge of offence made with intent to injure. It replaces IPC 211 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 248(a) is non-cognizable and bailable; 248(b) is non-cognizable and bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 248(a) | False charge of offence made with intent to injure. | Imprisonment for 5 years, or fine of 2 lakh rupees, or both. | Non-cognizable | Bailable | Magistrate of the first class |
| 248(b) | Criminal proceeding instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards. | Imprisonment for 10 years and fine. | Non-cognizable | Bailable | Court of Session |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 248
IPC sections replaced
- IPC 211: False charge of offence made with intent to injure
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