False charge of offence made with intent to injure
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) shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which may extend to two lakh rupees, or with both;
(b) if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards, shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Example:
Vijaya, due to an ongoing conflict with Rakesh, files a false FIR against him for rape. Vijaya is guilty of committing the offence mentioned in this section.
Key Points in BNS-248
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Intentional False Proceedings:
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This section addresses the act of instituting or causing to be instituted a criminal proceeding against someone with the intent to harm or injure that person. It specifically targets those who falsely charge another individual with committing an offence when they know there is no lawful or just basis for such a charge.
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Punishment for False Criminal Proceedings:
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General Case:
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If someone falsely institutes criminal proceedings or charges someone with an offence without any lawful grounds, they may face imprisonment of up to five years, a fine of up to two lakh rupees, or both.
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Serious Offences:
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If the false charge is for an offence that is punishable with death, life imprisonment, or imprisonment for ten years or more, the punishment is more severe. The individual may face imprisonment of up to ten years and may also be fined.
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Definitions:
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Criminal Proceeding: A formal legal process in which a person is accused of committing a crime. It includes the investigation, filing of charges, and judicial processes.
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False Charge: An accusation made against someone that is not based on actual evidence or legal grounds and is intended to harm the accused.
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Offences Punishable with Death or Life Imprisonment: Serious crimes that carry the maximum penalties under the law. These include crimes like murder, terrorism, and certain other severe crimes.
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Important Aspects:
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Intent and Knowledge: The key element in this provision is the intention to cause harm and the knowledge that the charge is baseless. It is not merely about making a mistake but about deliberate malfeasance.
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Severity of Punishment: The law distinguishes between general false charges and those related to severe crimes. The higher penalties for false charges related to severe crimes reflect the increased harm and potential consequences of such actions.
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Legal Protections: This section aims to protect individuals from malicious prosecution and wrongful accusations, which can have serious consequences for the accused, including damage to their reputation, personal distress, and legal costs.
Summary:
BNS-248 penalizes individuals who, with the intent to cause harm, falsely institute criminal proceedings or make false charges against someone, knowing there are no legitimate grounds for such actions. The punishment includes imprisonment of up to five years and/or a fine of up to two lakh rupees for general cases. If the false charge pertains to serious crimes punishable by death or long imprisonment, the punishment can extend to ten years of imprisonment and a fine. This section addresses the intentional misuse of the criminal justice system to harm others.
Offence : False charge of offence made with intent to injure.
Punishment : Imprisonment for 5 years, or fine of 2 lakh rupees, or both.
Cognizable or Non-cognizable : Non-cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Magistrate of the first class.
Offence : Criminal proceeding instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards.
Punishment : Imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Non-cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Court of Session.
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