Being falsely accused of a crime can ruin lives. It damages your reputation, strains personal relationships, and often leaves a long-lasting psychological impact. Thankfully, the Bharatiya Nyay Sanhita (BNS) 2023 addresses this issue with a clear and firm provision—Section 248.
This section specifically deals with the false charge of an offence made with the intent to injure another person. Let’s explore this law in detail, see how it protects the innocent, and examine how it’s applied through real case examples.
Understanding BNS Section 248
Section 248 of BNS 2023 replaces Section 211 of the Indian Penal Code (IPC). It punishes individuals who knowingly and maliciously file false criminal charges against others. The essence of the law is simple: if you intentionally accuse someone of a crime they didn’t commit—just to harm them—you can face serious consequences under this section.
Here’s what the section says in brief:
If someone, intending to cause injury, falsely charges another person with committing a crime—knowing the charge to be false—they can be punished with imprisonment, a fine, or both.
Why This Law Matters
The criminal justice system is designed to protect society from actual offenders. But when people misuse it for personal revenge or gain, it leads to a miscarriage of justice. False allegations can destroy an innocent person’s life. They may face arrest, public humiliation, job loss, and mental trauma—even if they’re eventually proven innocent.
BNS Section 248 serves as a deterrent against such misuse. It protects citizens from being harassed through fake legal complaints, restoring balance in the justice system.
Punishment Under Section 248
The law provides different levels of punishment depending on the seriousness of the false accusation.
- If the false charge relates to a minor offence, the person may be punished with imprisonment of up to 5 years, or a fine up to ₹2 lakh, or both.
- If the false charge concerns a serious offence—one that is punishable with death, life imprisonment, or 10 years or more in prison—the offender may face up to 10 years in jail, along with a mandatory fine.
The law clearly distinguishes between minor and grave offences, ensuring proportionality in punishment.
Key Ingredients to Prove Under BNS Section 248
To prosecute someone under this section, the following elements must be proved:
- False Charge: The accusation was not true.
- Knowledge: The accuser knew the charge was false.
- Intent to Injure: The motive was to harm the other person.
This means that if someone files a case with genuine belief or misunderstanding, they may not be liable. The section targets intentional misuse of legal provisions.
Case Laws That Reflect the Spirit of the Section
K. Karunakaran vs. T.V. Eachara Warrier (1978)
In this case, a prominent politician was falsely accused of involvement in a murder. After a detailed investigation, it was found that the allegations had no merit and were politically motivated. This case highlights how false charges can be used to malign someone’s reputation for personal or political reasons.
Nirmal Singh Kahlon vs. State of Punjab (2009)
The Supreme Court reiterated that criminal proceedings must not be used for vengeance. The court warned against using the legal process as a tool for settling personal scores, which aligns closely with the objective of BNS Section 248.
Real-Life Impact of False Allegations
Imagine a situation where two neighbours have an ongoing dispute over property. One of them files a false FIR claiming the other made a death threat. The accused is taken into custody, spends days behind bars, and faces social stigma. Later, it turns out there was no threat—no evidence, no motive, no witness. Under BNS Section 248, the falsely accused can now seek justice and have the accuser punished for misuse of law.
Short Note on BNS Section 248
- Law: Section 248 of Bharatiya Nyay Sanhita, 2023
- Subject: False charge of offence made with intent to injure
- Punishment:
- Up to 5 years for minor offences
- Up to 10 years for serious offences
- Fine up to ₹2 lakh
- Elements Required: False charge + Knowledge of falsehood + Intent to injure
What If the Case Fails—Is It a False Charge?
Not necessarily. A case may fail due to lack of evidence or legal technicalities, but that doesn’t automatically make it false. For a charge to fall under Section 248, there must be proof that the allegation was knowingly false and made with intent to cause harm.
What Should You Do If Falsely Accused?
If you’ve been falsely accused of a crime:
- Gather evidence to support your innocence.
- Stay calm and consult a criminal lawyer.
- If the case gets dismissed or you are acquitted, consider filing a complaint under Section 248 BNS.
- Let the law work for you—don’t retaliate unlawfully.
This section gives power to the innocent to fight back using the same system that was misused against them.
A Step Toward Legal Reform
The Bharatiya Nyay Sanhita 2023 has replaced the outdated IPC with clearer and stronger provisions. Section 248 is one of the many new tools aimed at preventing the abuse of legal processes. It sends a clear message: the justice system cannot be weaponized.
By ensuring that false accusers face consequences, this law strengthens public trust in legal institutions and reinforces the principle of fairness.
Conclusion: Justice Must Protect Both Sides
True justice lies in punishing the guilty and protecting the innocent. BNS Section 248 false charge of offence made with intent to injure strikes at the heart of malicious intent. It ensures that no one can use the legal system as a tool of harassment or revenge.
The next time someone thinks about filing a fake case, this law will make them think twice.
Disclaimer
This article is intended for informational purposes only and does not constitute legal advice. For specific legal queries or situations, please consult a qualified lawyer.
