BNS Section 240: Giving False Information Respecting An Offence Committed
Section 240 falls under Chapter 14 of the Bharatiya Nyaya Sanhita (BNS). Chapter 14 covers offences of false evidence and offences against public justice. Each section under this chapter deals with different offences related to matters that obstruct the delivery of public justice. Section 240 specifically deals with furnishing false information. Let us take a closer look at its provisions.
Definition of BNS Section 240
Section 240 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanation.—In sections 238 and 239 and in this section the word “offence” includes 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.”
Explanation and Illustration of BNS Section 240
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of providing false information. Let us break down the section to get a better understanding of it.
Offence
When a person is asked questions as a part of a criminal investigation or proceeding, they are legally obligated to speak the truth to the best of their knowledge. So when such a person deliberately provides false information or makes incorrect statements that can distort the truth or mislead the investigation away from the course of public justice, it shall be considered a crime under the provisions of this section.
Further there has also been a clarification in the form of an explanation. The explanation states that for the purposes of this section the definition of the word “offence” is not just limited to crimes committed in India. It also crimes committed abroad if they fall under the following categories:
| 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 any person provides false information about such acts, even if not done within the sovereign borders of India, it shall still be an offence under the provisions of section 240.
The criminal offence can be three folded:
Punishment
The punishment for providing false information to the police regarding a crime with the intent of misleading the investigation is imprisonment for a term which may extend to two years, or with fine, or with both.
The above actions may not be an offence under this section if:
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 of BNS 240
This section deals with: Giving false information about crime
Description of offence:
Punishment for offence:
Differences Between Section 240 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 240 of BNS replaces IPC Section 203. 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 |
|---|---|---|---|
| 240 | Giving false information respecting an offence committed. | 203 | No change |
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FAQs about Section 240 of the Bharatiya Nyaya Sanhita (BNS)
What is the punishment under BNS Section 240?
Any person found guilty under this section shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
What type of court tries cases under BNS Section 240?
Cases under Section 240 of BNS are tried in a criminal court.
Does BNS Section 240 cover crimes committed outside India?
No, section 240 only covers crimes committed within India. Crimes covered outside India do not fall under the jurisdiction of BNS.
Can false information about non-existent crimes be penalized under Section 240?
Yes. Deliberately providing any kind of false information regarding any crime is an offence under Section 240.
Can Section 240 address fake emergency calls to police?
Yes. If any false information regarding a crime is provided on the emergency line, then it is an offence under Section 240.
How does Section 240 ensure accountability in crime reporting?
By penalising any false information regarding a crime, Section 240 ensures accountability in crime reporting.
Can Section 240 apply to false allegations of smuggling activities?
Yes. Section 240 covers false reports regarding all crimes.
