Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false,—
(a) shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both;
(b) where the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Illustrations.
(a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section.
(b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring place, and being legally bound to give early and punctual information of the above fact to the officer of the nearest police station, wilfully misinforms the police officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in this section.
Explanation.—In section 211 and in this section the word “offence” include any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of section 332 and the word “offender” includes any person who is alleged to have been guilty of any such act.
Simplified Explanation
Section 212 addresses the offense of furnishing false information to a public servant when an individual is legally bound to provide information. The section focuses on punishing individuals who intentionally provide false information that they know or have reason to believe is untrue. The section specifically differentiates between general false information and false information related to criminal offenses.
Key Elements of Section 212
1. Legal Obligation to Provide Information
- The section applies to individuals who are legally bound to provide information on any subject to a public servant. This obligation could arise under various legal contexts such as law enforcement, governance, or other administrative duties.
2. Providing False Information
- The individual provides information knowingly or with reason to believe it is false. This means that the person must intentionally or recklessly misinform a public servant.
3. Categories of False Information and Penalties
Section 212 prescribes different punishments based on the nature of the false information provided:
- (a) General False Information
If the individual provides false information on a subject that they are legally required to inform a public servant about, the penalties are:- Imprisonment: Simple imprisonment for up to six months, or
- Fine: Up to five thousand rupees, or
- Both.
- (b) False Information Regarding Criminal Offenses
If the information pertains to the commission of an offense, the prevention of an offense, or the apprehension of an offender, the penalties are more severe:- Imprisonment: Either description for up to two years, or
- Fine, or
- Both.
Illustrations of the Offense
- False Information Regarding a Crime (Murder)
- A landholder, knowing that a murder has occurred within his estate, intentionally gives false information to the district magistrate, stating that the death was due to an accidental snake bite. This is a clear violation of Section 212 as it involves providing false information regarding a crime.
- False Information Regarding a Dacoity (Robbery)
- A village watchman, knowing that a group of strangers passed through his village with the intent to commit dacoity at a wealthy merchant’s house, deliberately provides false information to the police. Instead of reporting the actual situation, the watchman falsely claims the group was heading in a different direction. This misrepresentation of facts leads to a violation under Section 212.
Explanation of Key Terms
- “Offence”
In this section, the term offense includes any act committed outside India that, if committed within India, would be punishable under certain sections such as:- Attempted murder, manslaughter, or other violent crimes.
- Specific sections related to criminal acts such as assault, robbery, or dacoity (e.g., Section 103, Section 307, etc.).
- “Offender”
The term offender includes anyone who is alleged to have committed the crimes listed in the Explanation of the section, regardless of whether the crime was committed in India or elsewhere.
Penalties for Providing False Information
(a) General False Information
- Imprisonment: Up to six months, or
- Fine: Up to five thousand rupees, or
- Both.
(b) False Information Regarding Criminal Matters
- Imprisonment: Either description for up to two years, or
- Fine, or
- Both.
Purpose and Significance of Section 212
1. Preventing Abuse of Public Trust
This section aims to prevent individuals from misleading public servants by intentionally providing false or inaccurate information. Misleading authorities can lead to misdirection in investigations or the prevention of crimes, which in turn can undermine the justice system and public trust.
2. Ensuring Accuracy in Reporting
By prescribing penalties for furnishing false information, the law enforces the importance of accurate reporting to public servants. This ensures that the information provided to authorities is reliable and can be used for effective decision-making.
3. Deter Fraudulent Behavior
The section serves as a deterrent against individuals who might attempt to mislead authorities for personal gain or to avoid responsibility for their own actions. This is particularly significant in cases involving criminal offenses where false reports can disrupt investigations or lead to wrongful convictions.
4. Protecting the Justice System
Section 212 protects the integrity of law enforcement by holding individuals accountable for providing false or fabricated information, especially when it pertains to criminal activities. This supports the efficiency and effectiveness of the legal system.
Legal Analysis
- Intentional Falsehood: The key element in this offense is intent. It is not enough that the information turns out to be false; the individual must have known or had reason to believe that the information was false at the time it was provided.
- Severity of Punishments: False information related to criminal offenses or the apprehension of offenders carries significantly higher penalties, as it directly affects public safety and the integrity of criminal justice processes.
- Global Applicability: The inclusion of offenses committed outside of India within the definition of “offense” shows the global scope of this law, especially in an increasingly interconnected world where crimes often cross national boundaries.
Conclusion
Section 212 of the Bharatiya Nyaya Sanhita, 2023 aims to address the issue of individuals who deliberately furnish false information to public servants, which can lead to significant disruptions in legal and criminal proceedings. The law emphasizes the importance of truthful communication with authorities, especially in matters related to the prevention of crimes, investigations, and the apprehension of offenders.
The penalties outlined in this section act as a strong deterrent against providing false information, thus safeguarding the integrity of legal processes and contributing to the effective enforcement of law.
