Section 217 BNS – Section 217 of New Bharatiya Nyaya Sanhita

Section 217 of the Bharatiya Nyaya Sanhita (BNS), enacted in 2023, addresses the offense of providing false information to a public servant with the intent to misuse their authority. This section is significant as it aims to prevent the manipulation of public servants, thereby safeguarding the integrity of public administration.

Key Provisions

• Definition of Offense: The section stipulates that anyone who knowingly provides false information to a public servant—such as a police officer or magistrate—with the intention of causing harm or annoyance to another person is committing an offense. This includes:
  • Causing the public servant to act or refrain from acting in a manner they otherwise would not if the true facts were known.
  • Misusing the lawful powers of the public servant to the detriment of another individual15.
• Punishment: The penalties for violating this section include:
  • Imprisonment for up to one year.
  • A fine that may extend to ten thousand rupees.
  • Alternatively, both imprisonment and a fine may be imposed.

Comparison with Indian Penal Code (IPC)

Section 217 of BNS has a corresponding provision in the Indian Penal Code (IPC), specifically Section 182, which deals with similar offenses but prescribes lesser penalties:

• IPC Section 182: Punishment can be up to six months of imprisonment or a fine up to one thousand rupees, or both.

Importance

The introduction of Section 217 is aimed at enhancing accountability among individuals interacting with public servants. By criminalizing the act of misleading officials, it seeks to deter individuals from engaging in such behavior that could undermine public trust and disrupt lawful processes.

Conclusion

Section 217 of the Bharatiya Nyaya Sanhita serves as a critical legal framework for addressing the issue of false information directed at public servants. Its provisions reflect a commitment to uphold justice and integrity within public service operations, distinguishing itself from existing laws under the IPC by imposing stricter penalties for such offenses.