Section 212 BNS – Section 212 of New Bharatiya Nyaya Sanhita

Section 212 of the Bharatiya Nyaya Sanhita (BNS), enacted in 2023, addresses the offense of furnishing false information to public servants. This section emphasizes the legal obligation of individuals to provide accurate information when required by law and outlines the penalties for those who knowingly provide false information.

Key Provisions

• Definition of Offense: Section 212 states that anyone who is legally bound to provide information to a public servant and knowingly gives false information shall be punished. The law specifies two categories of punishment based on the nature of the information provided:
  • General False Information:
    • Punishment may include simple imprisonment for up to six months, a fine up to five thousand rupees, or both.
  • False Information Related to Criminal Activity:
    • If the false information pertains to an offense, or is required to prevent a crime or apprehend an offender, the punishment can extend to imprisonment for up to two years, a fine, or both.

Illustrative Examples

To clarify the application of this section, several examples are provided:

1. Example of Misleading Information: A landowner who knows about a murder on his property but falsely informs authorities that it was a snake bite is guilty under this section. This act misleads law enforcement and obstructs justice.
2. Example of Preventing Crime: A village watchman aware of a robbery plan must inform the police but instead misleads them about the suspects’ direction. This deliberate misinformation can lead to serious consequences under Section 212.

Legal Context

This section replaces similar provisions from the Indian Penal Code (IPC), specifically Section 177, which dealt with furnishing false information but imposed lesser penalties. The BNS enhances accountability by increasing fines and imprisonment terms for serious offenses related to false information.

Conclusion

Section 212 of the Bharatiya Nyaya Sanhita, 2023 plays a critical role in ensuring that individuals fulfill their legal obligations to provide truthful information to public servants. By imposing significant penalties for falsehoods, this law aims to uphold justice and prevent obstruction in criminal investigations.