Section 177 IPC: Furnishing False Information

Section 177 of the Indian Penal Code, 1860 punished a person who was legally bound to furnish information to a public servant but furnished as true information which the person knew or had reason to believe was false. A more serious punishment applied where the legally required information concerned an offence, prevention of an offence or apprehension of an offender.

Pre-BNS legal position: This article explains Section 177 IPC as applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. The corresponding provision under the BNS is Section 212.

On this page Meaning Provision Ingredients Punishment Illustrations Explanation Procedure Present law

What did Section 177 IPC mean?

Section 177 addressed false information furnished to a public servant where the person was under a legal obligation to furnish information on that subject. The offence required the information to be furnished as true even though the person knew, or had reason to believe, that it was false.

This provision should be distinguished from Section 176 IPC. Section 176 dealt with intentional omission to give legally required notice or information, whereas Section 177 dealt with furnishing false information as true.

Section 177 IPC - statutory provision

Furnishing false information.

Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;

or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Essential ingredients of Section 177 IPC

The person must have been legally bound to furnish information on a subject.
The information must have been required to be furnished to a public servant acting as such.
The person must have furnished the information as true.
The information furnished must have been false.
The person must have known, or had reason to believe, that the information was false.
For the enhanced second limb, the information must concern commission or prevention of an offence or apprehension of an offender.

Punishment under Section 177 IPC

Situation	Maximum imprisonment	Fine
General furnishing of false information where legally bound to furnish information to a public servant	Simple imprisonment up to 6 months	Up to Rs. 1,000, or both
False information concerning commission of an offence, prevention of an offence, or apprehension of an offender	Imprisonment of either description up to 2 years	Fine, or both

Illustrations under Section 177 IPC

Illustration (a): A, a landholder, knows that a murder has been committed within his estate but wilfully tells the District Magistrate that the death occurred accidentally from a snake bite. A commits the offence defined in Section 177.

Illustration (b): A village watchman knows that a considerable body of strangers passed through his village intending to commit dacoity at Z's house. Although legally bound to give early and punctual information to the nearest police station, he wilfully misinforms the police that suspicious persons went in another direction to commit dacoity at a distant place. The illustration treats this as an offence under the latter part of Section 177.

Special Explanation applying to Sections 176 and 177 IPC

For Sections 176 and 177, the statutory Explanation extended the word offence to specified acts committed outside India which, if committed in India, would have been punishable under Sections 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460 IPC. The word offender included a person alleged to have been guilty of such an act.

The Explanation was added by Act 3 of 1894. Historical territorial wording was subsequently adapted so that the provision referred to India.

Procedural point under the Code of Criminal Procedure

Section 177 IPC was classified as non-cognizable and bailable under the Code of Criminal Procedure, 1973. Section 195(1)(a) CrPC also imposed a specific cognizance restriction for offences punishable under Sections 172 to 188 IPC: a Court could not take cognizance except on a written complaint of the public servant concerned or of another public servant to whom that public servant was administratively subordinate.

Present legal position after 1 July 2024

The corresponding provision is Section 212 of the Bharatiya Nyaya Sanhita, 2023. Its core formulation remains substantially similar. The general limb continues to provide simple imprisonment up to six months, but the maximum fine is Rs. 5,000. The enhanced limb continues to permit imprisonment of either description up to two years, or fine, or both, where the information relates to commission or prevention of an offence or apprehension of an offender.

This article is primarily concerned with the IPC provision applicable before commencement of the BNS. The applicable provision in an individual matter depends on the relevant date, facts and statutory saving or transition provisions.

This article provides general legal information and does not substitute for advice based on the facts and procedural record of a particular case.