False information, with intent to cause public servant to use his lawful power to the injury of another person
AI Assist
Summary
Giving a public servant information you know or believe to be false, intending or knowing it likely will cause the official to do or omit something they should not, or to use their lawful powers to injure or annoy someone, is an offence. It applies when the false report leads the official to act to another’s injury or annoyance. Punishment: up to one year imprisonment, or fine up to Rs 10,000, or both.
Example
Priya tells a police officer a false tip that Arjun is storing illegal chemicals in his shop, knowing it is untrue and likely to make the officer search Arjun’s premises. Because the information was given to cause the public servant to use lawful powers and annoy or injure Arjun, Priya can be punished with up to one year imprisonment, or a fine up to Rs 10,000, or both.
Bare Act
Enacted textWhoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servan
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(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him; or
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(b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both.
Illustrations
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(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.
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(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.
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(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section.
BNSS Classification
- Imprisonment for 1 year, or with fine of 10,000 rupees, or both.
- Non-cognizable
- Bailable
- Triable by Any Magistrate.
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