BNS Section 212: Furnishing False Information
Section 212 falls under Chapter 13 of the Bharatiya Nyaya Sanhita (BNS). Chapter 13 covers offences of contempt of the lawful authority of public servants. Each section under this chapter deals with different offences related to disobeying the authority exercised by a public servant in performance of his or her duty. Section 212 specifically deals with furnishing false information. Let us take a closer look at its provisions.
Definition of BNS Section 212
Section 212 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
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.
Illustrations.
(a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section.
(b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring place, and being legally bound to give early and punctual information of the above fact to the officer of the nearest police station, wilfully misinforms the police officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in this section.
Explanation.—In section 211 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, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of section 332 and the word “offender” includes any person who is alleged to have been guilty of any such act.
Explanation and Illustration of BNS Section 212
This section deals with the offence of providing false information. It states that when a person is legally bound to furnish information on any subject to any public servant and the person provides the required information in a false manner, it shall amount to an offence under the provisions of section 212.
A person is legally bound to provide information demanded by any public official through any manner in the course of performing their duty. This could be a police office, a judge or even an income tax or revenue officer. Providing false information to any government authority with the intention of misleading or deceiving is a tacit offence.
It is to be noted here that the false information provided by the person must be done so intentionally. In other words, the person must know that the information being provided by him or her is false. It further clarifies that even if the person has reason to believe that the information is false while furnishing it, he or she is culpable. In other words, even if the information provided does not turn out to be false, but it is discovered that the person had provided it with the intention of supplying false information and misleading the concerned authorities, he or she shall be punished to the full extent of the section.
The punishment under this section is classified into two tiers based on severity.
(b) specifically talks about providing false information relating to a crime. When a person is ordered to furnish certain information to a specified public servant, including a judge, and such information is for the purpose of
and such a person intentionally provides false information to the specified authorities, then such person shall be punishable with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both;
(a) deals with all other kinds of information and their initial falsification while responding to a query by a government official in the performance of his duty. The punishment for this shall be imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both;
The illustrations provided showcase how providing false information amounts to an offence under section 212. As it can be noted, there is no mention of an order or a notice for the provision of information, as with section 211. Merely lying to a government officer’s enquiry with the intention to mislead or deceive itself amounts to an offence.
Further, the section also clarifies by way of an explanation, that this section does not limit itself to only offences committed in India. It clarifies that the word “offence” includes any act committed at any place out of India. In other words, providing false information to a government official regarding certain types of crimes committed outside India will also amount to an offence under this section. The sections are:
| Section | Offence |
|---|---|
| 103 | Punishment for murder. |
| 105 | Punishment for culpable homicide not amounting to murder. |
| 307 | Theft after preparation made for |
| 309 | Robbery. |
| 310 (2), (3), (4), (5) | Dacoity. |
| 311 | Robbery, or dacoity, with attempt to cause death or grievous hurt. |
| 312 | Attempt to commit robbery or dacoity when armed with deadly weapon. |
| 326 (f), (g) | Mischief by injury, inundation, fire or explosive substance, etc. |
| 331 (4), (6), (7), (8) | Punishment for house-trespass or house-breaking. |
| 332 (a), (b) | House-trespass in order to commit offence. |
As it can be noted, these are all crimes that have been classified as “serious offences” under the Indian law. The explanation clarifies that if a person has information about any act that would be punishable under any of the above sections, if committed in India and provides false information regarding such an act to a public officer, he or she shall be prosecuted to the full extent of the provisions of section 212.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points in BNS Section 212
This section deals with: Furnishing false information to an order
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 212 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 212 of BNS replaces IPC Section 177. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 212 | Furnishing false information. | 177 | The upper limit of the fine has been increased from one thousand to five thousand rupees. “Bound under clause 5, section VII, Regulation III, 1821,of the Bengal Code” is replaced by “legally bound” in the illustration (b). |
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FAQs about Section 212 of the Bharatiya Nyaya Sanhita (BNS)
Can a person be arrested for a crime committed outside India?
Yes. If a person has information regarding a serious crime committed outside India and provides false information regarding them same while responding to an enquiry by an authorised public servant, then he or she can be punishable under the provisions of Section 212 of the BNS.
What happens if you give false evidence in court?
It is an offence to intentionally provide false information about any offence, especially if the information can be used for prosecuting an offence, preventing an offence, apprehending an offender. But if the information provided was not known to be false at the time of providing it, it shall not amount to an offence under section 212.
Is there such a thing as a false affidavit?
Yes. An affidavit is a declaration stating that the information provided therein is true and correct. An affidavit is usually provided for government purposes. Providing false information or making a false statement in an affidavit amounts to providing false information to a public servant. This amounts to an offence under section 212.
Is it a crime to lie to a government employee?
Yes, it is a crime to lie to a government employee. But the lie has been told in response to an enquiry by the government employee in the performance of his duty. If the government employee is making enquiries outside the scope of his duties, then there is no obligation to provide any response to such query.
Can an order of the high court be challenged?
Yes. Any order or action performed by any government servant can be challenged as long as it is done through the channels and redressal forums as prescribed by the law.
