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.
IPC Section 211 in BNS: Section 248
False charge of offence made with intent to injure
Section 211 of the Indian Penal Code, 1860 (False charge of offence made with intent to injure) corresponds to Section 248 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 248(a) is non-cognizable, bailable, triable by Magistrate of the first class; punishment: Imprisonment for 5 years, or fine of 2 lakh rupees, or both.
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.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 248
Full BNS Section 248 and every IPC section it replaced →
Your 24×7 legal assistant on WhatsApp answers with the judgments that apply, in English or Hindi. No signup needed.