Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
Simplified Explanation
This section addresses individuals who fraudulently or dishonestly make false claims in a court of law, with the intention to injure or annoy any person.
Key Provisions of Section 246
Offense:
The offense under this section involves a person who:
- Fraudulently or dishonestly makes a claim in a Court.
- The claim is made knowing it to be false.
- The intent behind the false claim is to either:
- Injure the other party.
- Annoy or cause unnecessary harm or disturbance to the other person.
Punishment:
- Imprisonment:
The person committing this offense may be imprisoned for a term which can extend to two years. - Fine:
Additionally, the person may be liable to a fine, or both imprisonment and fine can be imposed.
Explanation and Application
Key Elements of the Offense:
- Dishonest or Fraudulent Intent:
The core of this offense is the dishonesty or fraudulent nature of the claim. It is important that the person knows the claim is false but proceeds to make it anyway. - Intention to Harm or Annoy:
The claim must not only be false but also made with the specific intent to cause harm (either by injury to the other party or by annoying them). This makes it a malicious act rather than just an innocent mistake or misunderstanding. - Court of Law:
The false claim must be made in a legal proceeding before a Court, which is where the act of dishonesty is considered an offense. This distinguishes it from other false claims made outside of formal legal settings.
Penalty for the Offense:
If found guilty, the person may face:
- Imprisonment for up to two years.
- Fine: The fine can vary based on the severity of the offense.
- Both imprisonment and fine, depending on the judgment.
Illustration of the Offense:
Consider the following example:
- Scenario: A person, knowing that their claim in a civil dispute is false, presents it in Court with the intention to annoy or harm the defendant. The claim is made with the knowledge that it has no merit but is intended to delay proceedings or cause unnecessary distress to the other party.
In this case, the person would be committing an offense under Section 246 for dishonestly making a false claim in court.
Conclusion
Section 246 of the Bharatiya Nyaya Sanhita, 2023 is designed to address individuals who knowingly make false claims in court, particularly with malicious intent to harm or annoy others. This section serves to protect the integrity of the legal process by imposing strict penalties for dishonest behavior, including up to two years of imprisonment and fines, ensuring that court proceedings remain fair and just.
