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section 240 bns | bharatiya nyaya sanhita | AJAY SHARMA LAW

Section 240 of Bharatiya Nyaya Sanhita (BNS): Giving False Information Respecting an Offence

Introduction



TEXT OF SECTION 240 BNS-
 Giving false information respecting an offence committed
"—Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation.—In sections 238 and 239 and in this section the word “offence” includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of section 332.


Section 240 of bharatiya nyaya sanhita which was earlier in ipc section 203.



Section 240 of Bharatiya Nyaya Sanhita (BNS): Giving False Information Respecting an Offence

Introduction

The Bharatiya Nyaya Sanhita (BNS), 2023 has replaced the Indian Penal Code, 1860, bringing significant reforms to India’s criminal justice system. One such important provision is Section 240 BNS, which corresponds to Section 203 of the IPC.

Section 240 deals with the offence of giving false information to authorities regarding a crime. This provision aims to prevent misuse of the criminal justice machinery and protect innocent individuals from wrongful prosecution.

Text and Scope of Section 240 BNS

Section 240 BNS punishes any person who:

  • Knows or has reason to believe that an offence has been committed, and

  • Gives information regarding that offence,

  • While knowing or believing that such information is false.

Such an act directly interferes with the administration of justice and wastes public resources.

Punishment Under Section 240 BNS

A person guilty under Section 240 BNS is punishable with:

  • Imprisonment of either description for a term which may extend to two years, or

  • Fine, or

  • Both imprisonment and fine

The punishment depends upon the gravity of the false information and its consequences.

Essential Ingredients of Section 240 BNS

For an offence under Section 240 BNS to be established, the following essentials must be proved:

  1. Commission of an offence – The accused must know or reasonably believe that an offence has occurred.

  2. False information – The information provided must be false.

  3. Knowledge or belief – The accused must knowingly or intentionally provide false information.

  4. Connection with an offence – The false information must relate directly to the offence committed.

Absence of any of these elements will fail to attract Section 240.

Explanation to Section 240 BNS (Extra-Territorial Application)

A significant feature of Section 240 is its Explanation, which expands the meaning of the term “offence”.

The word “offence” includes acts committed outside India, provided that:

  • If the same act were committed in India,

  • It would be punishable under serious sections such as murder, culpable homicide, terrorism-related offences, organised crime, and sexual offences listed under BNS.

This provision strengthens India’s ability to deal with cross-border crimes and false reporting related to grave offences.

Why Section 240 BNS Is Important

Section 240 plays a crucial role in:

  • Preventing false FIRs and malicious complaints

  • Protecting innocent persons from harassment

  • Saving judicial time and public resources

  • Maintaining trust in law enforcement agencies

False information can derail investigations and lead to miscarriage of justice—this section acts as a safeguard.

Importance for Law Students and Competitive Exams

Section 240 BNS is highly relevant for:

  • Judiciary exams

  • State PSC and UPSC

  • Law entrance exams

  • Moot courts and case analysis

Questions are often asked on:

  • Ingredients of the offence

  • Difference between IPC and BNS

  • Mens rea requirement

Conclusion

Section 240 of the Bharatiya Nyaya Sanhita, 2023 reinforces the principle that justice cannot function on falsehoods. By penalizing those who knowingly provide false information regarding an offence, the law ensures fairness, accountability, and efficiency in the criminal justice system.

Understanding this provision is essential for students, practitioners, and anyone interested in India’s evolving legal framework.

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Disclaimer-   This video is for educational purpose. we are not responsible for any mistake.


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