Bharatiya Nyaya Sanhita, 2023

BNS Section 248

False charge of offence made with intent to injure

In one line

BNS Section 248 deals with false charge of offence made with intent to injure and replaces IPC 211.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
248(a)False charge of offence made with intent to injure.Imprisonment for 5 years, or fine of 2 lakh rupees, or both.Non-cognizable.Bailable.Magistrate of the first class.
248(b)Criminal proceeding instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards.Imprisonment for 10 years and fine.Non-cognizable.Bailable.Court of Session.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 248

248. 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.

What changed from the IPC

  • IPC 211 → BNS 248: The upper limit of imprisonment is increased from two years to five years and from seven years to ten years, and the fine is defined as up to two lakh rupees.

Frequently asked

What was BNS Section 248 in the IPC?

BNS Section 248 (False charge of offence made with intent to injure) replaces Section 211 of the Indian Penal Code, 1860. IPC 211 is now BNS 248.

What is the punishment under BNS 248(a)?

False charge of offence made with intent to injure – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.

What is the punishment under BNS 248(b)?

Criminal proceeding instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by court of Session.

Is BNS 248 bailable?

Bailable: BNS 248(a), 248(b). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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