Section 217 BNS: Giving False Information to Cause Public Servant to Use Lawful Power (Formerly Section 182 IPC)

Section 217 of Bharatiya Nyaya Sanhita: Giving False Information to Cause Public Servant to Use Lawful Power

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant—

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him; or

(b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both.

Illustrations

(a) A informs a Magistrate that Z, a police officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.

(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.

(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section.

Legal Commentary & Landmark Judgments: Section 217

Section 217 penalises giving false information to a public servant with the intention to cause or knowing it to be likely to cause the public servant to use their lawful power to the injury or annoyance of any person.

False Information Given: Supplying information known or believed to be false to a public servant.
Targeted Intent: Intending to cause the public servant to do or omit an act which they ought not to do, or to use lawful power to injure or annoy someone.
Abuse of State Machinery: Using state machinery as an instrument of private vendetta.

Key Landmark Precedents:

P.P. Sharma v. State of Bihar (1992) Supp 1 SCC 222: Held that setting criminal law in motion by giving deliberately fabricated information to police constitutes an abuse of process punishable under Section 182 IPC / 217 BNS.
State of U.P. v. Mata Bhikh (1994) 4 SCC 95: The Supreme Court held that the bar of Section 195 CrPC (Section 215 BNSS) is absolute; private parties cannot directly file complaints under Section 182 IPC without public servant complaint.

Courtroom Practice & Strategic Litigation Guidance:

Whenever a false complaint or frivolous FIR is lodged with police, the aggrieved accused should petition the Magistrate under Section 215 BNSS to direct the police officer to lodge a formal complaint under Section 217 BNS against the informant.

Section 217: Giving False Information to Cause Public Servant to Use Lawful Power

Section 217 of Bharatiya Nyaya Sanhita: Giving False Information to Cause Public Servant to Use Lawful Power

Legal Commentary & Landmark Judgments: Section 217