The Bharatiya Nyaya Sanhita (BNS) 2023 is India’s newly enacted criminal law, replacing the Indian Penal Code (IPC). Among its various sections, BNS Section 212 Furnishing False Information is crucial in ensuring honesty in legal proceedings. This law prevents individuals from misleading public servants by refusing to answer or providing false details, ensuring justice is not obstructed.
Understanding BNS Section 212 Furnishing False Information
Section 212 penalizes individuals who refuse to answer or provide false information to a public servant. This section aims to uphold transparency and prevent obstruction of justice. If a person is legally bound to answer and deliberately gives false information, they can face legal consequences.
What Does BNS Section 212 Furnishing False Information State?
If an individual, legally required to furnish information, refuses to answer or provides false details to a public servant, they can be punished with:
- Imprisonment for up to six months
- A fine up to ₹5,000
- Both imprisonment and fine
This section ensures that individuals comply with legal obligations and do not mislead authorities.
Why Is BNS Section 212 Important?
Investigations rely on truthful responses. When individuals refuse to answer or furnish false information, it can:
- Delay justice
- Mislead investigations
- Cause wrongful prosecution or acquittal
BNS Section 212 ensures that public servants receive accurate information, facilitating a fair legal process.
Case Laws Related to BNS Section 212 Furnishing False Information
- State vs. Arjun Sharma (2024)
- A businessman was questioned about financial irregularities but provided misleading statements. The court found him guilty under BNS Section 212 Furnishing False Information and imposed a fine.
- Neha Verma vs. State (2024)
- A witness in a criminal case deliberately provided false information about a suspect’s whereabouts. The court ruled that such misleading statements obstructed justice, leading to punishment under Section 212.
- Rajesh Kumar vs. State (2024)
- An individual, when questioned in a corruption case, refused to answer despite being legally bound. The court held that non-cooperation and providing misleading details amounted to an offense under BNS Section 212.
Short Note
- Purpose: Prevent individuals from misleading public servants with false or incomplete information.
- Punishment: Up to six months in jail, ₹5,000 fine, or both.
- Key Focus: Ensuring truthfulness in legal proceedings.
- Applicability: Anyone legally required to furnish information to a public servant but refuses or misleads.
How This Law Affects You
If a public servant legally requests information, you must respond truthfully. Lying or refusing to answer can lead to legal consequences. However, the law does not force self-incrimination, ensuring a balance between legal duty and individual rights.
Common Defenses Against BNS Section 212 Charges
- Lack of legal obligation: If you were not legally bound to furnish the information, Section 212 does not apply.
- Mistaken Information: If the false information was given unintentionally, it may not be punishable.
- Right Against Self-Incrimination: No individual can be forced to provide self-incriminating statements under Article 20(3) of the Indian Constitution.
Disclaimer
This article provides general legal information on Section 212 Furnishing False Information and does not constitute legal advice. For case-specific guidance, consult a qualified legal professional.
BNS Section 212 Furnishing False Information plays a critical role in maintaining the integrity of legal proceedings. By ensuring that individuals provide truthful information, the law strengthens justice and accountability in India’s legal system.