False charge of offence made with intent to injure
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Summary
If a person, intending to injure someone, starts or causes a criminal proceeding or falsely accuses them knowing there is no lawful basis, they commit an offence. The punishment is jail for up to two years, or a fine, or both. If the false charge is for an offence punishable with death, life, or seven years or more, the jail term may extend up to seven years and a fine.
Example
Rohan files an FIR accusing Arjun of theft, knowing Arjun did not steal and intending to harm him. Rohan can be prosecuted and, if convicted, face up to two years in jail or a fine or both. If Rohan had falsely charged Arjun with a crime punishable by seven years or more (or life/death), he could face up to seven years and a fine.
Bare Act
Enacted textWhoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
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