Section 240: Giving False Information Respecting an Offence Committed

Bharatiya Nyaya Sanhita • Chapter XII: Of Contempts of Lawful Authority of Public Servants • Official Statutory Text & Legal Guide

Chapter XII: Of Contempts of Lawful Authority of Public Servants
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 203 IPC

Legal Commentary & Landmark Judgments: Section 240

Section 240 punishes giving information respecting an offence which a person knows or has reason to believe to be false, intending to divert the investigation.

  • Information Respecting an Offence: Communicating details or statements concerning a crime to police or authorities.
  • Knowledge of Falsity: Knowing or having reason to believe that the information is false.
  • Diverting Purpose: Calculated to mislead the investigating agency and divert suspicion.
Key Landmark Precedents:
  • Kodali Puranchandra Rao v. Public Prosecutor (1975) 2 SCC 570: The Supreme Court held that deliberately planting false narratives and misleading police investigating a murder satisfies all ingredients of this penal provision.
  • Bhagwan Swarup v. State of Rajasthan (1991) Supp 2 SCC 262: Clarified that minor variations given in shock do not constitute intentional false reporting.
Courtroom Practice & Strategic Litigation Guidance:

Show that the informant was an accomplice attempting to create a false alibi or point suspicion towards an innocent rival. Check contemporaneous call records and CCTV.