Section 248 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 248 of the Bharatiya Nyaya Sanhita (BNS), 2023—which is part of Chapter XIV: False Evidence and Offences Against Public Justice:
📘 Section 248 – False Charge of Offence Made With Intent to Injure
🔍 Offence Defined
Under this section, a person commits an offense when they, with intent to cause injury, either:
Instigate or cause a criminal proceeding against another, or
Falsely accuse someone of having committed an offense,
knowing there is no legal basis for the charge. (
⚖️ Punishment Structure
General False Charge
Imprisonment: up to 5 years,
Fine: up to ₹200,000,
Or both
False Charge Involving Serious Offenses
If the false allegation is for an offense punishable by death, life imprisonment, or ≥10 years in jail, the punishment increases to:
Up to 10 years’ imprisonment,
And fine
🛡️ Procedural Aspects
Cognizability: Classified as non‑cognizable—police need a warrant to arrest.
Bailability: The offense is bailable under this act.
Triable By:
Magistrate First Class for general false charges,
Court of Session for charges involving serious offenses punishable by death, life imprisonment, or ≥10 years.
📊 Summary Table
| Type of False Charge | Imprisonment | Fine | Cognizable | Bailable | Court |
|---|---|---|---|---|---|
| General false charge | ≤ 5 years | ≤ ₹200,000 | No | Yes | Magistrate First Class |
| False charge of serious offense | ≤ 10 years | (no specific cap) | No | Yes | Court of Session |
🧭 Practical Implications
Distrust in the judicial process is addressed by penalizing malicious abuse of criminal proceedings.
The section safeguards individuals from wrongful legal harassment and the associated social, financial, and psychological harm.
🧩 Comparison to IPC
This provision closely mirrors Section 211 of the Indian Penal Code, but updated within the BNS framework.
It adds clarity with defined punishment brackets and aligns with modern judicial needs and terminology.
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