BNS Section 217: False Information, With Intent To Cause Public Servant To Use His Lawful Power To Injury Of Another Person

Definition of BNS Section 217

Section 217 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“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.
  
  (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.

Explanation and Illustration of BNS Section 217

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of making a false statement to mislead the course of a public officer's duties.

The provisions of this section deal specifically with making false statements to a public servant with the intent to change the course of their approach to duty.

An offender, under section 217, is a person who makes a statement knowing or believing it to be false. “Believing it to be false” means that if a person makes a statement with the intention of misleading a public officer, then it doesn’t matter if the statement is actually false or not. The person is still punishable to the full extent of the provisions of section 217. But for a false statement to be an offence under section 217, the statement has to cause or has to be made with the intention of causing any one of the following consequences:

(a) To cause a public servant to omit something he wouldn’t have or to not omit something he should have if he would have known the truth. In other words, it has been made to misdirect the actions of the public officer in the performance of his duties.
(b) To make the public servant use his power of injury against someone who was not deserving of such an action. Power of injury refers to a public servant’s legal power to exact punitive measures on a person.

It must be noted that it doesn’t matter whether the false statement actually leads to the misdirection or punitive action. Just the intent or attempt to cause such an action by means of the public servant amounts to an offence under the provisions of section 217 and is punishable with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both. The above can be reflected in the illustration provided in the section.

In illustration (a), A makes a false statement to the magistrate with the intention of causing him to use his powers of injury against the police officer.

In illustration (b), A makes a false statement to a public servant with the intention of causing him to use his powers of injury against another citizen.

In illustration (c), A makes a false statement to a police officer with the intention of causing him to use his powers of injury against the entire neighbourhood.

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