What Section 248 BNS covers
Section 248 applies where a person, intending to cause injury to another, either institutes or causes a criminal proceeding to be instituted against that person, or falsely accuses that person of an offence, while knowing that there is no just or lawful ground for the proceeding or charge.
The provision therefore targets more than a statement that later proves incorrect. Its text requires the prosecution to establish the specified intent, the false criminal proceeding or charge, and the accused person's knowledge that no just or lawful ground existed.
Text and punishment under Section 248
Section 248. 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:
(a) may be punished with imprisonment of either description for a term extending to five years, or with fine extending to Rs. 2 lakh, or with both.
(b) where the false criminal proceeding concerns an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards, punishment may extend to ten years' imprisonment of either description, and fine is also attracted.
Essential ingredients
- There must be a criminal proceeding instituted or caused to be instituted against a person, or a false charge that the person committed an offence.
- The person making or causing the proceeding or charge must act with intent to cause injury.
- The person must know that there is no just or lawful ground for the criminal proceeding or charge.
- For the aggravated form in clause (b), the false proceeding must concern an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards.
Punishment, bail, cognizability and trial court
| Part | Punishment | Cognizable? | Bailable? | Triable by |
|---|---|---|---|---|
| Section 248(a) | Up to 5 years, or fine up to Rs. 2 lakh, or both | Non-cognizable | Bailable | Magistrate of the first class |
| Section 248(b) | Up to 10 years and fine | Non-cognizable | Bailable | Court of Session |
The offence is listed as non-cognizable and bailable in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The prescribed trial court differs between clause (a) and the aggravated clause (b).
Meaning of key legal expressions
"Intent to cause injury"
The provision requires a deliberate intention to cause injury to the person against whom the criminal process or accusation is directed. The existence of this intent is a fact-dependent question and must be assessed from the circumstances and evidence.
"Knowing that there is no just or lawful ground"
This knowledge requirement is important. Liability under Section 248 is tied to awareness that the criminal proceeding or accusation has no just or lawful foundation; the section is not framed as automatic liability merely because a complaint ends in discharge, acquittal or closure.
"Institutes or causes to be instituted"
The wording covers both directly starting a criminal proceeding and causing such a proceeding to be initiated through another person or process.
Important procedure under Section 215 BNSS
This procedural rule should be checked separately from the ingredients of Section 248 itself because it concerns the manner in which a court may take cognizance in the specified class of court-related cases.
Practical distinction: false charge versus failed prosecution
A failed prosecution and a knowingly false charge are not the same thing. Section 248 expressly requires knowledge that no just or lawful ground exists and an intent to cause injury. Whether those elements are proved will depend on the complaint, underlying material, conduct of the parties and other admissible evidence.
Related BNS provisions
Section 248 appears among the BNS provisions dealing with false evidence and offences against public justice. Nearby provisions include Section 246: dishonestly making false claim in Court, Section 247: fraudulently obtaining decree for sum not due, and Section 249: harbouring offender.
Frequently asked questions
Is Section 248 BNS cognizable?
No. Both forms listed under Section 248 are classified as non-cognizable in the BNSS First Schedule.
Is an offence under Section 248 BNS bailable?
Yes. Both Section 248(a) and Section 248(b) are classified as bailable.
What is the maximum punishment under Section 248(a)?
The maximum imprisonment is five years. The court may instead impose a fine up to Rs. 2 lakh, or impose both imprisonment and fine.
When does Section 248(b) apply?
It applies where the false criminal proceeding concerns an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards. The punishment may extend to ten years and the offender is also liable to fine.
Does acquittal by itself establish an offence under Section 248?
No automatic rule follows from the text of Section 248. The required elements include intent to cause injury and knowledge that there was no just or lawful ground for the proceeding or accusation.