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 ten years, and shall also be liable to fine.
Simplified Explanation
This section deals with false accusations made with the intent to harm or injure another person. It criminalizes the act of instituting or causing criminal proceedings or making false charges against someone, knowing that there is no lawful ground for such actions.
Key Provisions of Section 248
Offense:
The offense involves the following actions:
- Intent to Cause Injury:
A person intentionally causes harm or injury to another person by:- Instituting or causing criminal proceedings against someone with the knowledge that there is no lawful justification for the proceedings.
- Falsely accusing or charging a person with committing an offence, knowing that there is no just or legal basis for the charge.
Punishment:
The person committing the offense shall face:
- Imprisonment:
Imprisonment of either description for a term which may extend to ten years. - Fine:
The person shall also be liable to a fine, depending on the severity of the offense.
Explanation and Application
Key Elements of the Offense:
- False Charge or Accusation:
The charge must be false, meaning there is no evidence or legal basis to support the accusation or claim against the person. - Intent to Injure:
The false charge must be made with the intention of causing harm or injury to the person being accused. The intent to harm is a crucial element of this offense. - Knowledge of Falsehood:
The individual making the false charge or initiating the proceedings must know that there is no just or lawful ground for the accusation. Ignorance or lack of intent is not a defense under this section. - Criminal Proceedings:
This section specifically deals with criminal proceedings, meaning it applies to actions like filing a false police report, making a false complaint, or instigating a wrongful investigation.
Penalty for the Offense:
- Imprisonment for up to ten years.
- Fine: The fine imposed is subject to the discretion of the court, depending on the circumstances and impact of the offense.
- Both imprisonment and fine may apply.
Illustration of the Offense:
- Scenario:
A, with the intent to harm B, falsely accuses B of committing a serious criminal offense. A knows that B has not committed the offense and that there is no legal ground for such a charge. A’s goal is to cause harm to B, possibly through damage to B’s reputation or personal freedom.
In this case, A has made a false charge with intent to injure and would be liable under Section 248.
Conclusion
Section 248 of the Bharatiya Nyaya Sanhita, 2023 serves to deter and penalize false accusations that are made with the specific intent to harm or injure another person. It ensures that individuals who maliciously misuse the judicial system to cause harm or distress to others are held accountable. The section’s penalties, including up to ten years of imprisonment and fines, highlight the serious consequences of this offense.
