Section 212 BNS: Furnishing False Information
Section 212 of the Bharatiya Nyaya Sanhita, 2023 deals with a person who is legally bound to furnish information to a public servant and knowingly, or having reason to believe it to be false, furnishes that false information as true.
Statutory text of Section 212 BNS
212. Furnishing false information.
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.
Essential ingredients of Section 212 BNS
- The person must be legally bound to furnish information on a subject.
- The information must be required to be furnished to a public servant acting as such.
- The person must furnish the information as true.
- The information must in fact be false.
- The person must know, or have reason to believe, that the information is false.
Punishment under Section 212 BNS
| Situation | Maximum punishment |
|---|---|
| False information furnished to a public servant where the special circumstances in clause (b) do not apply. | Simple imprisonment up to 6 months, or fine up to Rs. 5,000, or both. |
| False information concerning commission of an offence, prevention of an offence, or apprehension of an offender. | Imprisonment of either description up to 2 years, or fine, or both. |
Legal classification
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the offences under Section 212 are classified as non-cognizable and bailable, and are triable by any Magistrate.
Illustrations under Section 212
Illustration (a)
A landholder who knows that a murder has taken place within his estate but wilfully tells the District Magistrate that the death resulted from an accidental snake bite furnishes false information within the meaning of Section 212.
Illustration (b)
A village watchman who knows that a group of strangers passed through his village to commit dacoity at a particular house, but deliberately tells the police that they were heading toward another distant place, furnishes false information within the meaning of the section.
Meaning of "offence" and "offender" for Sections 211 and 212
The Explanation appended to Section 212 extends the meaning of the word "offence", for Sections 211 and 212, to specified acts committed outside India which would be punishable if committed in India. It refers to Sections 103, 105, 307, specified sub-sections of Sections 309 and 310, Sections 311 and 312, specified clauses of Section 326, specified sub-sections of Section 331, and specified clauses of Section 332 of the BNS. The word "offender" also includes a person alleged to have committed any such act.
Section 212 and Section 211 BNS: key distinction
Section 211 BNS deals with an intentional omission to give legally required notice or information. Section 212 deals with the different situation where information is actually furnished, but it is furnished as true despite the person knowing or having reason to believe that it is false.
Related provisions
Readers may also refer to Section 213 BNS, Section 214 BNS, Section 215 BNS, Section 216 BNS, and Section 217 BNS.
This page is intended as a statutory reference and general legal information resource. For application to a particular case, consult the current bare Act, applicable procedural law and relevant judicial decisions.