Dishonestly making false claim in Court
Section 209 of the Indian Penal Code, 1860 deals with dishonestly making false claim in Court. Dishonesty making false claim in Court.--Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Dishonesty making false claim in Court.--Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
Section 209, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 246 Dishonestly making false claim in Court Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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.
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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Ashwini Kumar vs State of Bihar& ANR.
Court's Decision & Legal Precedent
When a compromise decree in a civil property dispute has been set aside by a competent civil court and civil litigation on the same subject matter is pending determination between the parties, anticipatory bail may be granted in a criminal complaint arising from the same transaction, subject to stringent conditions ensuring the petitioner's cooperation with the trial and preventing tampering with evidence or witnesses.
On this section: Fabricating false evidence - alleged fabrication of compromise documents
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Seema Thakur vs Union of India
Court's Decision & Legal Precedent
Judicial admissions made by a party in pleadings in earlier civil proceedings constitute a waiver of proof and are fully binding on the party making them. Such admissions stand on a higher footing than evidentiary admissions and cannot be explained away by alleging collusion between advocates or subsequent disputes between parties. A party cannot contradict judicial admissions made in earlier proceedings and set up a different case in a subsequent suit. Where clear and categorical judicial admissions exist, a suit can be dismissed under Order XII Rule 6 CPC without requiring further trial. Additionally, a suit for cancellation of voidable property documents must be filed within three years of the fact coming to knowledge of the plaintiff, and failure to do so renders the suit barred by limitation.
On this section: Punishment for filing false case - imprisonment up to two years and fine. Court issued notice under this section against plaintiff and her attorney
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Nilanjan Gupta vs State
Court's Decision & Legal Precedent
An appellate court may set aside specific directions in a lower court order (such as directions for criminal prosecution under Section 340 Cr.P.C. or costs awards) when the appellant withdraws his challenge to the order on merits and the respondent consents to such modification, provided the modification does not undermine the substantive relief granted in the original order.
On this section: Section 209 IPC pertains to fabricating false evidence with intent to procure conviction for offences punishable with life imprisonment or 7+ years. The appellant was accused of raising a false stand before the court, which the lower court sought to prosecute under this section. The appellate court set aside this direction.
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 209
What have the courts held on Section 209 of the Indian Penal Code?
Ashwini Kumar vs State of Bihar& ANR. (12 Feb 2018) is the leading judgment on this section among those set out below: Fabricating false evidence - alleged fabrication of compromise documents. Another 2 judgments on this section are set out below. They run from 2015 to 2019.
How do I find court cases under Section 209 of the Indian Penal Code?
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: IPC 209, section 209 IPC, section 209 of the Indian Penal Code. People searching for it also type ipc 209 in bns and ipc 209 punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Ashwini Kumar vs State of Bihar& ANR. (12 Feb 2018).
What should I read with Section 209 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 246 (Dishonestly making false claim in Court), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 209 of the Indian Penal Code come into force?
Section 209 of the Indian Penal Code, cited as IPC 209, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.