Section 165 of the Bharatiya Nyaya Sanhita (BNS), 2023
Let’s break down the likely content of Section 165 in detail:
⚖️ Section 165: Giving False Information to a Public Servant Causing Injury
1. Key Elements of the Offence
Giving false information: The person must knowingly provide information that is not true.
To a public servant: The false information is given to someone holding official authority (police, government officials, judiciary, etc.).
Intention: The person intends that the public servant will use their lawful power because of this false information.
Result: The lawful power is used in a way that causes injury, harm, or damage to another person.
2. What does “lawful power” mean here?
Public servants have certain powers granted by law to act in specific situations — e.g., arresting someone, seizing property, issuing fines.
Even though these powers are lawful, if they are triggered based on false information, the person giving false info causes harm unjustly.
3. Why is Intention Important?
The law focuses on intent — the person must mean to cause harm by triggering the public servant’s actions.
Accidentally providing false info without intending harm would usually not fall under this offence.
4. Example to Understand:
Suppose A wants to harm B’s reputation or property. A lies to the police, saying B is involved in illegal activity, knowing it’s false. Because of this, police arrest B or seize B’s property.
A gave false info,
To a public servant (police),
With the intention that police use their power,
Resulting in harm to B.
A is guilty under this section.
5. Purpose of this Law
Protects people from malicious false accusations that lead to wrongful use of state power.
Prevents abuse of legal process by bad actors.
Ensures public servants act based on truthful info.
6. Punishment
The law may prescribe imprisonment, fine, or both.
The severity depends on the harm caused and specific wording in the Act.
Quick Recap:
| Part | Explanation |
|---|---|
| False info | Knowingly untrue information |
| Public servant | Police, government official, etc. |
| Intention | Purpose to cause wrongful use of power |
| Result | Injury or harm to someone else |
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