Section 217 BNS - False Information to Cause Public Servant to Use Lawful Power to Injury or Annoyance

Section 217 of the Bharatiya Nyaya Sanhita, 2023 punishes knowingly false information given to a public servant with the intention, or knowledge of the likelihood, that the information will cause the public servant to act or omit to act improperly, or to use lawful power to the injury or annoyance of another person.

Text of Section 217, Bharatiya Nyaya Sanhita, 2023

217. Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant-

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him; or

(b) to use the lawful power of such public servant to the injury or annoyance of any person,

shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both.

Meaning and Scope of Section 217 BNS

Section 217 targets the deliberate use of false information to set public authority in motion against another person, or to cause a public servant to do or omit something that would not have been done or omitted if the true facts were known.

The offence therefore involves more than an inaccurate statement. The information must be known or believed to be false, and it must be given with the intention of causing the specified consequence, or with knowledge that such a consequence is likely.

Essential Ingredients of the Offence

For Section 217 BNS to apply, the following elements should ordinarily be present:

Information must be given to a public servant.
The person giving the information must know or believe it to be false.
The false information must be given with the intention of causing, or with knowledge that it is likely to cause, the public servant to take or omit action.
The intended or likely consequence must fall within clause (a) or clause (b) of Section 217.
Under clause (b), the contemplated use of lawful power must result in, or be intended or likely to result in, injury or annoyance to a person.

Meaning of Public Servant

The expression public servant is defined in Section 2 of the Bharatiya Nyaya Sanhita, 2023 and includes the categories of persons specified there who hold public office or discharge public functions under law. Section 217 operates where false information is supplied to such a public servant with the particular intention or knowledge required by the section.

Punishment and Classification under Section 217 BNS

Maximum imprisonment	Imprisonment of either description up to 1 year
Maximum fine	Rs. 10,000
Alternative punishment	Imprisonment, fine, or both
Cognizability	Non-cognizable
Bailability	Bailable
Court competent to try	Any Magistrate

Complaint Requirement under Section 215 BNSS

Section 217 BNS falls within the group of offences covered by Section 215(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As a general rule, a Court cannot take cognizance of an offence under Sections 206 to 223 BNS, excluding Section 209, except on a written complaint by the public servant concerned, a public servant to whom that officer is administratively subordinate, or another public servant authorised by the concerned public servant.

Practical significance: The classification of Section 217 as non-cognizable and the separate cognizance requirement under Section 215 BNSS are distinct procedural matters. The exact procedure in an individual case depends on the allegations, the complainant, the authority involved and the orders of the competent court.

Illustrations under Section 217 BNS

Illustration (a): A falsely informs a Magistrate that Z, a subordinate police officer, has committed neglect of duty or misconduct, knowing the allegation is false and that it is likely to cause Z's dismissal. A commits the offence under Section 217.

Illustration (b): A falsely informs a public servant that Z has contraband salt hidden in a secret place, knowing the information is false and likely to cause a search of Z's premises attended with annoyance to Z. A commits the offence.

Illustration (c): A falsely tells a policeman that he was assaulted and robbed near a particular village, while knowing that the false information is likely to cause police enquiries and searches in the village to the annoyance of the villagers or some of them. This also amounts to an offence under Section 217.

Knowledge or Belief of Falsity is Essential

The section expressly requires that the information be something the giver knows or believes to be false. An honest mistake, misunderstanding or incorrect information genuinely believed to be true does not satisfy this mental element merely because the information later proves inaccurate.

Section 217 BNS and Former IPC Section 182

Section 217 BNS corresponds to former Section 182 of the Indian Penal Code, 1860, which dealt with false information given with intent to cause a public servant to use lawful power to the injury of another person. The BNS provision increases the maximum fine to Rs. 10,000 while retaining imprisonment up to one year.

Commencement of the Bharatiya Nyaya Sanhita

The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, except the provision contained in Section 106(2).

Related BNS Sections

This page provides general legal information. Application of Section 217 depends on the facts, the nature of the information, the required intention or knowledge, the public servant concerned and the applicable procedural law.