BNS Section 248 – False charge of offence made with intent to injure
The Indian Penal Code (IPC) Section – 211
Understanding BNS Section 248: False Charge of Offense Made with Intent to Injure
The legal system is designed to ensure justice and protect individuals from harm. However, when someone intentionally files false criminal charges to injure another person, it undermines the integrity of the system. Section 248 of the Bharatiya Nyaya Sanhita (BNS) addresses this serious issue. Let’s simplify this provision and understand its implications.
What Does Section 248 Say?
Section 248 deals with the act of filing false criminal charges or initiating criminal proceedings with the intent to harm someone. Here’s what the law states:
- Offense: If a person, with the intent to cause injury to someone:
- Initiates or causes to be initiated any criminal proceeding against that person, or
- Falsely accuses someone of committing an offense, knowing there is no lawful or just ground for such a charge,
they commit an offense.
- Punishment:
- General Case:
- Imprisonment for up to 5 years,
- A fine of up to 2 lakh rupees, or
- Both imprisonment and fine.
- Serious Offenses: If the false charge is for an offense punishable with:
- Death,
- Life imprisonment, or
- Imprisonment for 10 years or more,
the punishment can extend to 10 years of imprisonment along with a fine.
- General Case:
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Filing false criminal charges or initiating criminal proceedings with the intent to harm someone. |
| Punishment (General) | Up to 5 years in jail, a fine of up to 2 lakh rupees, or both. |
| Punishment (Serious) | Up to 10 years in jail and a fine for false charges of serious offenses. |
| Cognizable or Not? | Cognizable: Police can arrest without a warrant. |
| Bailable or Not? | Bailable: The accused can seek bail. |
| Court Jurisdiction | Trial is conducted by a Magistrate of the first class. |
Why is This Law Important?
- Protects Individuals from Malicious Prosecution: It safeguards people from being wrongfully accused and harmed by false charges.
- Maintains Trust in the Legal System: It ensures that the criminal justice system is not misused for personal vendettas.
- Deters False Accusations: The threat of severe punishment discourages individuals from making false claims.
Example of an Offense Under Section 248
- Example: Vijaya has a personal conflict with Rakesh. To harm him, she files a false FIR accusing him of rape, knowing the accusation is baseless. Vijaya is guilty of an offense under Section 248.
Key Definitions
- Criminal Proceeding: A formal legal process where a person is accused of a crime, including investigation, filing charges, and court proceedings.
- False Charge: An accusation made without any legal or factual basis, intended to harm the accused.
- Serious Offenses: Crimes punishable with death, life imprisonment, or imprisonment for 10 years or more (e.g., murder, terrorism).
Conclusion
Section 248 of the BNS is a vital provision to protect individuals from malicious prosecution and false accusations. Filing false criminal charges with the intent to harm someone is a serious offense that can lead to imprisonment and fines. Always act honestly and within the bounds of the law.
