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Section 246: Dishonestly Making False Claim in Court

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
Magistrate 1st Class
Bailable
Non-Cognizable
Formerly Sec 209 IPC
Section 245 All 358 Sections of Bharatiya Nyaya Sanhita Section 247

Legal Commentary & Landmark Judgments: Section 246

Section 246 of the BNS penalises dishonestly making a false claim in a court of justice, knowing the claim to be false and having no just or lawful ground.

  • Claim in Court: Instituting or raising a claim in a court of justice.
  • Knowledge of Falsity: The claim is false to the knowledge of the claimant.
  • Absence of Just Ground: Made dishonestly or with intent to injure or annoy, with no lawful basis.
Key Landmark Precedents:
  • Subrata Roy Sahara v. Union of India (2014) 8 SCC 470: The Supreme Court condemned the filing of false, frivolous, and concocted claims in courts, holding that abuse of process must be met with heavy costs and criminal prosecution.
  • H.S. Bains v. State (UT of Chandigarh) (1980) 4 SCC 631: Emphasised that courts must protect the judicial process from being converted into an engine of extortion through dishonest claims.
  • Badresh Bipinrai Seth v. State of Gujarat (2016) 1 SCC 152: Reiterated that launching dishonest litigations without reasonable basis attracts penal liabilities under Section 209 IPC / 246 BNS.
Courtroom Practice & Strategic Litigation Guidance:

Whenever a litigant files a suit based on forged agreements or fully paid debts, move a petition under Section 379 BNSS for prosecution under Section 246 BNS.

Section 245 All 358 Sections of Bharatiya Nyaya Sanhita Section 247