Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanation. — In sections 238, 239, and this section, the word “offence” includes 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.
Simplified Explanation
This section addresses the crime of providing false information regarding an offense, knowing or believing the information to be false. It establishes penalties for knowingly giving misleading or fabricated information about a crime.
Key Provisions of Section 240
Actions Covered:
- Giving False Information:
The section criminalizes giving information about an offense that the person knows or believes to be false. This includes any details about the crime that are incorrect or misleading. - Knowledge or Reason to Believe:
The person must either have direct knowledge of the offense or have a reasonable belief that an offense has occurred, and they then deliberately provide false information about it.
Punishment:
- Imprisonment:
The individual may face imprisonment for up to two years, which may be either simple or rigorous imprisonment, depending on the case. - Fine:
In addition to or instead of imprisonment, the person can be fined. - Both:
The person may be subjected to both imprisonment and a fine, as decided by the court.
Explanation and Application
False Information Regarding Offenses
This section specifically targets individuals who intentionally provide false or misleading information about a crime. It could include:
- False accusations of a crime against someone who didn’t commit it.
- Misleading details about an offense to divert investigations or confuse authorities.
False Information and its Consequences
The law treats false information about a crime as a serious matter because it can lead to wrongful accusations, misdirected investigations, or even the wrongful conviction of innocent individuals. By penalizing those who deliberately misinform authorities, this section seeks to maintain the integrity of the legal and judicial system.
Scope of “Offence”
The explanation clarifies that the term “offense” under this section also includes acts committed outside India, as long as the offense would be punishable in India under certain specified sections. These include serious offenses like attempted murder (Section 307), kidnapping (Section 310), and grievous hurt (Section 326), among others.
Examples of False Information
- False Complaint:
A person falsely informs the police that another individual has committed a robbery, knowing that the accused person is innocent. This person would be liable under this section. - Fabricated Details:
A person gives a false account of the details of an accident or an assault, knowing the information is inaccurate, in order to mislead an investigation.
Conclusion
Section 240 of the Bharatiya Nyaya Sanhita, 2023 criminalizes the act of deliberately providing false information about an offense, recognizing its potential to obstruct justice and mislead authorities. It imposes penalties of up to two years in prison, a fine, or both, thereby aiming to uphold the integrity of legal processes and deter malicious or careless behavior that could harm justice.
