Section 248 BNS – Section 248 of New Bharatiya Nyaya Sanhita

Section 248 of the Bharatiya Nyaya Sanhita (BNS) addresses the issue of false charges made with intent to injure another person. This section outlines the legal consequences for individuals who initiate criminal proceedings against someone without just cause, intending to harm their reputation or well-being.

Key Provisions of Section 248

1. False Charges: The section states that if a person, with the intent to cause injury, institutes or causes to be instituted any criminal proceeding against another person, or falsely accuses them of an offense knowing there is no lawful ground for such action, they are subject to penalties.
2. Punishments:
   • For general false charges:
     • Imprisonment for up to five years, or
     • A fine of up to two lakh rupees, or
     • Both.
   • For false charges related to serious offenses: If the false accusation pertains to a crime punishable by death, life imprisonment, or imprisonment for ten years or more:
     • Imprisonment for up to ten years, and
     • A fine .
3. Classification of Offense:
   • The offense is classified as non-cognizable, meaning that police cannot arrest without a warrant.
   • It is also categorized as bailable, allowing the accused the right to bail.
   • The offense is non-compoundable, indicating that it cannot be settled out of court.
4. Court Jurisdiction:
   • Cases under this section are triable in a Magistrate’s Court for general false charges and in a Court of Session for serious offenses.

Examples Illustrating Section 248

• Example 1: Ravi falsely accuses his business competitor Suresh of theft, knowing Suresh is innocent. If caught, Ravi could face up to five years in prison or a fine.
• Example 2: Anita falsely accuses her neighbor Priya of murder, which is a serious offense. If proven false, Anita could be sentenced to ten years in prison and fined.

Conclusion

Section 248 of the Bharatiya Nyaya Sanhita aims to deter individuals from making false accusations that can lead to significant harm to others. By imposing strict penalties, it seeks to uphold justice and protect individuals from malicious legal actions.