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 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.
IPC Section 211: Simplified Explanation
IPC Section 211 deals with a grave act of falsely charging someone with an offence, a serious crime that can cause significant harm to the accused. This section is invoked when a person knowingly makes a false charge against another individual, alleging that they have committed an offence, with the intent to harm or injure that person. It’s important to note that a false charge can be made against any public authority or law enforcement agency, further emphasizing the severity of this offence.
Key Elements:
- The charge made must be false.
- The person making the charge must know it is false.
- The false charge must allege that the person has committed an offence.
- The intent must be to cause injury to the person against whom the false charge is made.
Is IPC Section 211 Bailable?
The availability of IPC Section 211 depends on the nature of the offence that is falsely charged:
- It is a non-bailable offence if the false charge is related to an offence punishable by death, imprisonment for life, or imprisonment for seven years or more.
- In other cases, it is a bailable offence.
IPC Section 211 Punishment
The punishment for an offence under IPC Section 211 varies based on the nature of the false charge:
- Suppose the false charge relates to an offence punishable with death, imprisonment for life, or imprisonment for seven years or more. In that case, the punishment is imprisonment of either description for a term extending to seven years and a fine.
- In other cases, the punishment is imprisonment of either description for a term which may extend to two years, or with a fine, or with both.
Example of IPC Section 211
Consider a situation where Ms A has a personal grudge against Mr B. To cause trouble for Mr B, Ms A goes to the police. She falsely accuses him of theft, knowing that Mr B is innocent and has not committed any such offence. Ms. A intends to harm Mr. B’s reputation and cause him legal trouble. In this case, Ms A can be prosecuted under IPC Section 211 for making a false charge of an offence with the intent to injure Mr B.
