Section 248 BNS: False Charge of Offence Made with Intent to Injure (Formerly Section 211 IPC)

Section 248 of Bharatiya Nyaya Sanhita: False Charge of Offence Made with Intent to Injure

Official Bare Act Text

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

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.

Legal Commentary & Landmark Judgments: Section 248

Section 248 of the BNS, 2023 penalises making a false charge of an offence with intent to injure any person, knowing that there is no just or lawful ground for such charge (replacing Section 211 IPC).

False Charge or Proceeding: Instituting or causing to be instituted criminal proceedings, or falsely charging any person with having committed an offence.
Knowledge of No Lawful Ground: Knowing that there is no just or lawful ground for the charge.
Malicious Intent to Injure: Done with deliberate intent to cause injury, arrest, humiliation, or distress.

Key Landmark Precedents:

Santokh Singh v. Izhar Hussain (1973) 2 SCC 406: The Supreme Court ruled that to constitute an offence under Section 211 IPC (Section 248 BNS), the charge must be made with knowledge of its falsehood; a genuine mistaken complaint does not attract liability.
Babu Lal v. State of U.P. (1994) 1 SCC 688: Held that where a private complaint results in discharge or acquittal on merits finding the case entirely concocted, the magistrate is competent to initiate proceedings under Section 211 IPC.
Kamlesh Kumari v. State of U.P. (2015) 13 SCC 689: Affirmed that malicious prosecution requires strict proof that the complainant initiated the machinery without reasonable and probable cause.

Courtroom Practice & Strategic Litigation Guidance:

Upon securing an honorable acquittal or discharge in a malicious criminal prosecution, apply to the court under Section 379 BNSS to file a complaint under Section 248 against the malicious complainant.

Section 248: False Charge of Offence Made with Intent to Injure

Section 248 of Bharatiya Nyaya Sanhita: False Charge of Offence Made with Intent to Injure

Legal Commentary & Landmark Judgments: Section 248