CHAPTER XI OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Section 211: False charge of offence made with intent to injure

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

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, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;

and if such criminal proceeding be instituted on a false charge of an offence punishable with death,¹[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

State Amendments (as printed in the official text)

Chhattisgarh.—

In Section 211 of the Indian Penal Code, 1860 (here-in-after referred to as the Penal Code), the following proviso shall be inserted, namely: —

Provided that, if such criminal proceeding be instituted on a false charge, of an offence punishable under section 354, section 354A, section 354B, section 354C, section 354D, section 354E, section 376B, section 376C, section 376F, section 509, section 509A or section 509B shall be punishable with imprisonment of either description which shall not be less than three years but which may extend to five years and shall also be liable to fine.

[Vide Chhattisgarh Act 25 of 2015, sec. 2].

Footnotes in the official text

1.Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

211. False charge of offence made with intent to injure.

BNS 248

Questions on this section

1 question in 3 of our papers cite Section 211. Try these from the free papers:

1. Assertion (A): Under Section 248 BNS, a person who, with intent to cause injury, institutes a criminal proceeding against another knowing that there is no just or lawful ground for it, is punishable with imprisonment up to five years, or with fine up to two lakh rupees, or with both. Reason (R): Where such a proceeding is instituted on a false charge of an offence punishable with death, imprisonment for life or imprisonment for ten years or upwards, the punishment under Section 248 may extend to ten years' imprisonment and fine.

Practise questions on Criminal Law