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 is false, intending or knowing it likely will make them do or omit something they should not, or to use their lawful power to injure or annoy someone, is an offence. It applies when the false information leads an official to misuse authority. Punishable with up to six months imprisonment, a fine up to Rs 1,000, or both.
Example
Rohan tells a magistrate, knowing it to be false, that his neighbour Karan is hiding illegal goods at home so the magistrate or police will search Karan’s house and annoy him. Because Rohan knew the information was false and likely to cause misuse of power, he has committed the offence and can face up to six months’ imprisonment, a fine up to Rs 1,000, 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 servant -
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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 six months, or with fine which may extend to one 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’ 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 neighborhood 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.
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