Section 238 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 238 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offence of giving false information about a crime.
📝 Text of Section 238 – BNS, 2023
“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.”
The law clarifies that “offence” may include acts committed abroad that would be a crime in India
🔎 Key Elements
Knowledge or belief
The accused must know or reasonably believe that an offence has occurred.
False information
Intentional misreporting—providing information known or believed to be false.
Affected offence
The false information must pertain to a crime (an “offence”).
⚖️ Punishment
Imprisonment up to 2 years (either description), or
Fine, or
Both
📌 Distinction from Section 236
Section 236, by contrast, deals with causing disappearance of evidence or giving false information to screen an offender, carrying more severe penalties depending on the offence's gravity
📚 In Context
Part of Chapter XIV: False Evidence and Offences against Public Justice
Replaces provisions from the IPC following the implementation of BNS on July 1, 2024
✅ Practical Example
Imagine someone falsely reports to the police that a person assaulted them, knowing it didn’t happen—or deliberately misrepresents the circumstances. That person could face up to 2 years in prison, a fine, or both, under Section 238.
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