Section 182 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 182 — Bharatiya Sakshya Adhiniyam (BSA), 2023
Title of Section 182
“False Information with Intent to Cause Public Servant to Use Lawful Power Improperly”
Substance of Section 182
Section 182 BSA provides:
Whoever gives any information to a public servant, knowing or believing it to be false, intending that such public servant shall use his lawful power to the injury or annoyance of any person, shall be punished with imprisonment, fine, or both as provided under this Sanhita.
In simpler terms:
Giving false information to authorities with the purpose of making them act improperly is an offence.
The false information must be intended to mislead a public servant to misuse their lawful power.
Purpose and Rationale
Prevent Misuse of Public Authority – Stops people from manipulating officials through false complaints.
Protect Individuals from Harassment – Ensures that authorities are not misled into taking wrongful action.
Maintain Integrity of Justice and Administration – Promotes accountability in the exercise of official powers.
Essential Elements of Section 182
To constitute an offence under Section 182, the following elements must exist:
1. Giving False Information
The person must provide information that is false or known to be untrue.
2. Knowledge or Belief
The person knows or believes the information is false.
Honest mistakes do not constitute an offence (see Section 17 BNS, mistake of fact).
3. Intent
The false information must be intended to induce a public servant to misuse lawful power.
There must be specific intent, not just a careless statement.
4. Public Servant
The information must be given to a public servant (police, magistrate, government official, etc.).
5. Resulting in Injury or Annoyance
The misuse of lawful power must cause injury or annoyance to a person.
Even if harm does not occur, intent to cause improper action is punishable.
Illustrations
Illustration 1 – False Police Complaint
A falsely accuses B of theft to the police, intending that B be arrested and harassed.
A has knowingly given false information to a public servant to misuse lawful power.
Punishable under Section 182.
Illustration 2 – Mistaken Information
A honestly reports a missing item, believing B stole it, but it was a misunderstanding.
No criminal liability under Section 182 because there is no knowledge of falsehood.
Illustration 3 – Harassment of Rival
A files a fake report of bribery against a competitor with the government authorities to get them penalized.
Punishable under Section 182 due to intent to cause injury through misuse of official power.
Legal Principles
Mens Rea (Intent and Knowledge)
Crucial element: the person must know or believe the information is false.
Abuse of Public Servant’s Authority
Liability arises when false information induces a public servant to act improperly.
Injury or Annoyance
The false report must have potential to cause harm, inconvenience, or harassment.
Punishment
Section 182 provides for:
Imprisonment
Fine
Or both, depending on the seriousness of intent and consequences.
Courts consider:
Severity of false information
Extent of harassment or misuse caused
Whether it was a one-time act or habitual abuse
Practical Implications
For Public: Discourages filing fake complaints or misleading authorities.
For Officials: Protects public servants from being misled into unlawful acts.
For Legal System: Maintains trust and efficiency by punishing manipulative misuse of law.
Key Takeaways
Section 182 BSA punishes knowingly false information to public servants.
Intent to misuse lawful power is essential.
Honest mistakes or unintentional false reports are not punishable.
Protects individuals and public servants from harassment and misuse of authority.
Punishable by imprisonment, fine, or both, depending on circumstances.
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