False information, with intent to cause public servant to use his lawful power to injury of another person
Section 217 of the Bharatiya Nyaya Sanhita, 2023 deals with false information, with intent to cause public servant to use his lawful power to injury of another person. 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 The Act came into force on 01 Jul 2024.
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.
Illustrations.
(a) A informs a Magistrate that Z, a police officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.
(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.
(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section.
Section 217, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 182 False information, with intent to cause public servant to use his lawful power to the injury of another person Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person. | Imprisonment for 1 year, or with fine of 10,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Saloni Arora vs State of Nct of Delhi
Decided under Indian Penal Code 182, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Prosecution for offences under Section 182 IPC (giving false information to public servant) can only be initiated through strict compliance with Section 195 Code of Criminal Procedure, which mandates that the written complaint must be made by the concerned public servant themselves. Any prosecution initiated in violation of this mandatory procedure is void ab initio and all cognizance taken by courts in such cases is without jurisdiction.
On this section: Offence of giving false information to public servant with intent to cause wrongful loss or injury. Court held that prosecution under this section can only be initiated through written complaint from the concerned public servant, not through regular police investigation.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 217
What have the courts held on Section 217 of the Bharatiya Nyaya Sanhita?
Saloni Arora vs State of Nct of Delhi (10 Jan 2017) is the leading judgment on this section among those set out below, though it was decided under IPC 182, which this section replaced -- the court never mentioned this Act: Offence of giving false information to public servant with intent to cause wrongful loss or injury. Court held that prosecution under this section can only be initiated through written complaint from the concerned public servant, not through regular police investigation.
Is Section 217 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 217 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 217 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 217, section 217 BNS, section 217 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 217 and 248 and bns 217 in ipc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Saloni Arora vs State of Nct of Delhi (10 Jan 2017).
What should I read with Section 217 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 182 (False information, with intent to cause public servant to use his lawful power to the injury of another person), so the judgments decided under that provision are the case law on this one.
When did Section 217 of the Bharatiya Nyaya Sanhita come into force?
Section 217 of the Bharatiya Nyaya Sanhita, cited as BNS 217, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.