IPC Sections 208 to 216: False Evidence and Offences Against Public Justice

IPC Sections 208 to 216 formed part of Chapter XI of the Indian Penal Code, 1860. They addressed fraudulent decrees and court claims, false criminal charges, harbouring offenders, gratification for screening offenders, recovery of property for reward, and harbouring persons who escaped custody or were ordered to be apprehended.

Legal period covered: This article states the central IPC and CrPC position immediately before 1 July 2024, when the Bharatiya Nyaya Sanhita, 2023 and the new criminal procedure framework came into force. It is intended for IPC-era offences and proceedings for which the earlier law remains relevant. State amendments and case-specific procedural provisions should also be checked.

What do IPC Sections 208 to 216 cover?

These provisions protected the administration of justice from fraudulent court claims and decrees, malicious criminal accusations, concealment of offenders, and arrangements intended to shield offenders from punishment. The seriousness of several offences depended on the punishment prescribed for the underlying offence.

IPC Sections 208 to 216: punishment, cognizability, bail and trial court

IPC Section	Offence	Maximum punishment	Cognizability	Bail	Court
208	Fraudulently suffering decree for sum not due	Up to 2 years, or fine, or both	Non-cognizable	Bailable	Magistrate of the First Class
209	Dishonestly making false claim in a Court of Justice	Up to 2 years and fine	Non-cognizable	Bailable	Magistrate of the First Class
210	Fraudulently obtaining decree for sum not due	Up to 2 years, or fine, or both	Non-cognizable	Bailable	Magistrate of the First Class
211	False charge of offence made with intent to injure	Up to 2 years, or fine, or both	Non-cognizable	Bailable	Magistrate of the First Class
211	False charge of an offence punishable with death, imprisonment for life, or imprisonment for 7 years or more	Up to 7 years and fine	Non-cognizable	Bailable	Court according to applicable First Schedule entry
212	Harbouring offender - underlying offence punishable with death	Up to 5 years and fine	Cognizable	Bailable	Magistrate of the First Class
212	Harbouring offender - underlying offence punishable with imprisonment for life or up to 10 years	Up to 3 years and fine	Cognizable	Bailable	Magistrate of the First Class
212	Harbouring offender - underlying offence punishable with imprisonment up to 1 year and below 10 years	Up to one-fourth of longest term for underlying offence, or fine, or both	Cognizable	Bailable	Magistrate of the First Class
213	Taking gratification to screen offender - underlying offence punishable with death	Up to 7 years and fine	Cognizable	Bailable	Magistrate of the First Class
213	Underlying offence punishable with imprisonment for life or up to 10 years	Up to 3 years and fine	Cognizable	Bailable	Magistrate of the First Class
213	Underlying offence punishable with imprisonment below 10 years	Up to one-fourth of longest term for underlying offence, or fine, or both	Cognizable	Bailable	Magistrate of the First Class
214	Offering gratification or restoring property to screen offender - underlying offence punishable with death	Up to 7 years and fine	Non-cognizable	Bailable	Magistrate of the First Class
214	Underlying offence punishable with imprisonment for life or up to 10 years	Up to 3 years and fine	Non-cognizable	Bailable	Magistrate of the First Class
214	Underlying offence punishable with imprisonment below 10 years	Up to one-fourth of longest term for underlying offence, or fine, or both	Non-cognizable	Bailable	Magistrate of the First Class
215	Taking gratification to help recover movable property without using all means to apprehend and convict offender	Up to 2 years, or fine, or both	Cognizable	Bailable	Magistrate of the First Class
216	Harbouring escaped or wanted offender - underlying offence punishable with death	Up to 7 years and fine	Cognizable	Bailable	Magistrate of the First Class
216	Underlying offence punishable with imprisonment for life or up to 10 years	Up to 3 years, with or without fine	Cognizable	Bailable	Magistrate of the First Class
216	Underlying offence punishable with imprisonment up to 1 year and below 10 years	Up to one-fourth of longest term for underlying offence, or fine, or both	Cognizable	Bailable	Magistrate of the First Class

The table summarizes the central IPC/CrPC position immediately before the BNS/BNSS transition. Where punishment depends on the underlying offence, the precise statutory limb and applicable First Schedule entry should be checked.

IPC Section 208 - Fraudulently suffering decree for sum not due

Section 208 applied where a person fraudulently caused or suffered a decree or order to be passed against himself for a sum not due, a larger sum than due, or property or an interest not due, or fraudulently allowed such a decree or order to be executed after satisfaction or for something already satisfied.

IPC Section 209 - Dishonestly making false claim in Court

Section 209 punished a person who fraudulently, dishonestly, or with intent to injure or annoy another person made in a Court of Justice a claim that he knew to be false.

IPC Section 210 - Fraudulently obtaining decree for sum not due

Section 210 addressed the opposite side of the decree fraud: fraudulently obtaining a decree or order for a sum, property or interest not due, causing execution after satisfaction, or fraudulently permitting such conduct in one's name.

IPC Section 211 - False charge of offence made with intent to injure

Section 211 applied where a person, intending to cause injury, instituted or caused criminal proceedings against another, or falsely charged another with an offence, knowing that there was no just or lawful ground. A substantially higher punishment applied where the false charge concerned an offence punishable with death, imprisonment for life, or imprisonment for seven years or more.

IPC Section 212 - Harbouring offender

Section 212 applied after an offence had been committed where a person harboured or concealed someone known or reasonably believed to be the offender, intending to screen that person from legal punishment. Punishment varied with the gravity of the underlying offence. The statutory exception protected the spouse of the offender.

IPC Section 213 - Taking gift to screen an offender

Section 213 punished accepting, agreeing to accept, or attempting to obtain gratification for oneself or another as consideration for concealing an offence, screening a person from legal punishment, or not proceeding against a person to bring that person to punishment. The section did not extend to a case in which the underlying offence could lawfully be compounded.

IPC Section 214 - Offering gift or restoration of property to screen offender

Section 214 dealt with the person who gave, offered or agreed to give gratification, or restored or agreed to restore property, as consideration for concealment of an offence, screening an offender, or refraining from proceedings to bring an offender to legal punishment. The statutory exception for lawfully compoundable offences also applied.

IPC Section 215 - Taking gift to help recover stolen property

Section 215 punished taking or agreeing to take gratification for helping another recover movable property lost through an IPC offence unless the person used all means in his power to cause the offender to be apprehended and convicted.

IPC Section 216 - Harbouring offender who escaped or whose apprehension was ordered

Section 216 applied where a person convicted of or charged with an offence escaped lawful custody, or a public servant lawfully ordered a person's apprehension, and another person knowingly harboured or concealed that person to prevent apprehension. Punishment depended on the seriousness of the offence for which the person was in custody or wanted. The statutory spouse exception also applied.

Important statutory exceptions under Sections 212, 213, 214 and 216

Spouse exception: The IPC expressly provided spouse-related exceptions in the harbouring provisions under Sections 212 and 216. Their exact statutory wording should be applied to the facts rather than treating every form of assistance as harbouring.

Compoundable-offence exception: Sections 213 and 214 did not extend to a case in which the offence could lawfully be compounded. This exception was part of the statutory design and should be considered before applying either provision.

Section 195 CrPC and court-related offences

Section 195 CrPC restricted cognizance of specified offences affecting the administration of justice. In particular, where an offence punishable under IPC Sections 205 to 211 was alleged to have been committed in, or in relation to, a proceeding in a Court, Section 195(1)(b) required the prescribed written complaint of that Court, an authorized officer of the Court, or a Court to which it was subordinate, subject to the exact statutory conditions.

This was especially important for Sections 208, 209, 210 and 211 when the alleged conduct arose in or in relation to judicial proceedings. The substantive ingredients of the IPC offence and the procedural requirement for lawful cognizance had to be examined separately.

Position after commencement of the Bharatiya Nyaya Sanhita

The BNS replaced the IPC as the principal central penal statute from 1 July 2024. This page intentionally explains the IPC and CrPC position immediately before that change. For conduct governed by the new criminal laws, the corresponding BNS and BNSS provisions should be checked rather than applying the old IPC section numbers automatically.

Practical checklist for IPC-era cases

Identify the precise IPC section and statutory limb; verify the required dishonest, fraudulent or screening intention; identify the punishment for the underlying offence where relevant; check statutory spouse or compounding exceptions; verify cognizability and bail status under the applicable First Schedule; and determine whether Section 195 CrPC restricts cognizance because the allegation arose in or in relation to a court proceeding.