Bharatiya Nyaya Sanhita, 2023
Section 240 BNS: Giving False Information Respecting an Offence Committed
Section 240 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who, knowing or having reason to believe that an offence has been committed, gives information respecting that offence which the person knows or believes to be false.
Section 240 BNS: Statutory Text
Section 240. 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 and 239 and in 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.
The section is directed at knowingly false information concerning an offence that has already been committed. It requires both awareness, or reason to believe, that an offence has occurred and knowledge or belief that the information being supplied about that offence is false.
Essential Ingredients of Section 240 BNS
- An offence must have been committed.
- The accused must know or have reason to believe that the offence has been committed.
- The accused must give information respecting that offence.
- The information must be false.
- The accused must know or believe that the information is false.
Knowledge, Reason to Believe and False Information
The provision contains two separate mental elements. First, the person must know or have reason to believe that an offence has been committed. Second, the person must know or believe that the information given about that offence is false.
These elements distinguish deliberate or knowing false information from a mistaken statement made without the required state of mind.
Punishment Under Section 240 BNS
| Particular | Section 240 BNS |
|---|---|
| Imprisonment | Imprisonment of either description for a term up to two years |
| Fine | Fine may be imposed |
| Alternative | Imprisonment, or fine, or both |
Section 240 BNS: Cognizable, Bailable and Triable By
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies Section 240 as follows:
| Particular | Section 240 BNS |
|---|---|
| Cognizable / Non-cognizable | Non-cognizable |
| Bailable / Non-bailable | Bailable |
| Triable by | Any Magistrate |
Since the offence is non-cognizable, the BNSS procedure applicable to non-cognizable offences governs investigation. Since the offence is bailable, bail is governed by the statutory framework applicable to bailable offences.
Explanation: Specified Acts Committed Outside India
The explanation attached to Section 240 applies to Sections 238, 239 and 240. It expands the word "offence" to include certain acts committed outside India where those acts, if committed in India, would be punishable under the BNS provisions specifically listed in the explanation.
The listed provisions are Sections 103, 105, 307, sub-sections (2), (3) and (4) of Section 309, sub-sections (2), (3), (4) and (5) of Section 310, Sections 311 and 312, clauses (f) and (g) of Section 326, sub-sections (4), (6), (7) and (8) of Section 331, and clauses (a) and (b) of Section 332.
This explanation is important because it gives Sections 238 to 240 a specified extra-territorial reach in relation to those underlying acts.
Difference Between Sections 238, 239 and 240 BNS
| Section | Core conduct |
|---|---|
| Section 238 | Causing evidence to disappear or giving false information with the intention of screening an offender from legal punishment |
| Section 239 | Intentionally omitting to give information about an offence despite being legally bound to inform |
| Section 240 | Giving information about an offence which the person knows or believes to be false |
The distinction is significant. Section 238 expressly requires an intention to screen the offender, Section 239 focuses on an intentional omission where there is a legal duty to inform, and Section 240 focuses on knowingly or believingly false information respecting an offence already committed.
When Did the Bharatiya Nyaya Sanhita Come Into Force?
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It came into force on 1 July 2024, subject to the notified exception relating to Section 106(2). Section 240 therefore forms part of the operative BNS framework from 1 July 2024.
Official Legal Resources
Frequently Asked Questions
What is Section 240 of the BNS?
It punishes a person who knows or has reason to believe that an offence has been committed and gives information about that offence which the person knows or believes to be false.
What is the punishment under Section 240 BNS?
Imprisonment of either description up to two years, or fine, or both.
Is Section 240 BNS cognizable?
No. It is classified as non-cognizable.
Is Section 240 BNS bailable?
Yes. It is classified as bailable.
Which court tries an offence under Section 240 BNS?
It is triable by any Magistrate.
Does Section 240 require intention to screen an offender?
Section 240 itself does not use the specific intent-to-screen requirement found in Section 238. It requires knowledge or reason to believe that an offence has been committed and knowledge or belief that the information given about it is false.
Can Section 240 relate to an act committed outside India?
Yes, in the limited circumstances stated in the statutory explanation, which treats specified acts committed outside India as an "offence" for Sections 238, 239 and 240 when those acts would be punishable under the listed BNS provisions if committed in India.
This page is intended as a statutory information resource. Case-specific legal consequences may depend on the facts, evidence, procedural stage and other applicable provisions.