Section 248 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Section 248: False Charge of Offence Made with Intent to Injure
Text of the Section:
Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person—
(a) shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which may extend to two lakh rupees, or with both;
(b) if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards, shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.(
🧭 Purpose and Context
Section 248 of the BNS, 2023, addresses the issue of malicious prosecution and false accusations made with the intent to harm or injure another person. It criminalizes the act of instituting or causing to be instituted any criminal proceeding against someone, or falsely charging someone with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge.(
⚖️ Key Provisions
Intent to Cause Injury: The person must have the intent to cause injury to another person.
False Charge: The individual must institute or cause to be instituted a criminal proceeding, or falsely charge someone with an offence, knowing that there is no just or lawful ground for such action.
Punishment:
(a) For general cases, the punishment is imprisonment for a term which may extend to five years, or a fine which may extend to two lakh rupees, or both.
(b) If the false charge pertains to an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards, the punishment is imprisonment for a term which may extend to ten years, and a fine
🔄 Comparison with the Indian Penal Code (IPC)
Section 248 of the BNS, 2023, corresponds to Section 211 of the Indian Penal Code (IPC), 1860. While both sections address false charges made with the intent to harm, the BNS, 2023, provides for more severe penalties, especially when the false charge pertains to serious offences.
🧭 Significance
Deterrence: The section serves as a deterrent against malicious prosecution and false accusations, ensuring that individuals are not wrongfully subjected to criminal proceedings
Protection of Rights: It protects individuals from being unjustly charged with serious offences, thereby upholding their fundamental rights.
Judicial Integrity: By penalizing false charges, the section helps maintain the integrity of the judicial system and ensures that legal proceedings are based on truth and justice.
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