Section 182 IPC - False Information Given to a Public Servant
Section 182 of the Indian Penal Code, 1860 dealt with knowingly false information supplied to a public servant with the intention, or knowledge of likelihood, that the information would cause the public servant to act, omit to act, or use lawful power to the injury or annoyance of another person.
Section 182 IPC - Statutory Provision
False information, with intent to cause public servant to use his lawful power to the injury of another person.
Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant -
(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or
(b) to use the lawful power of such public servant to the injury or annoyance of any person,
shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Meaning and Essential Ingredients of Section 182 IPC
Section 182 was aimed at deliberate false information capable of improperly setting public authority in motion. Mere inaccuracy was not, by itself, enough. The provision required the specified state of mind and the intended or known likely consequence.
- Information must be given to a public servant: the communication must be made to a person who is a public servant for the purpose of the law.
- The information must be false: the prosecution must concern information that was not true.
- Knowledge or belief of falsity: the person giving the information must know or believe that it is false.
- Required intention or knowledge: the false information must be given intending to cause, or knowing it likely to cause, the public servant to take or omit action that would not have been taken or omitted on the true facts, or to use lawful power to injure or annoy a person.
Punishment Under Section 182 IPC
| Offence | Giving false information to a public servant with the intention or knowledge specified in Section 182 IPC. |
|---|---|
| Maximum imprisonment | Six months, of either description. |
| Fine | Up to Rs. 1,000 under the IPC text applicable before BNS. |
| Alternative punishment | Imprisonment, fine, or both. |
Illustrations in Section 182 IPC
False allegation of misconduct
A knowingly gives a Magistrate false information that Z, a subordinate police officer, committed neglect of duty or misconduct, knowing that the information is likely to cause Z's dismissal. The illustration treats A as having committed the offence.
False information leading to a search
A falsely tells a public servant that Z has contraband salt hidden in a secret place, knowing that the false information is likely to cause a search of Z's premises and annoyance to Z. The illustration treats this as an offence under Section 182.
False report causing inquiries in a village
A falsely informs a police officer that he was assaulted and robbed near a particular village. Although no alleged assailant is named, A knows that the false report is likely to cause police inquiries and searches that annoy villagers. The statutory illustration treats the conduct as falling within Section 182.
Cognizance and Section 195 CrPC
Section 182 IPC was one of the offences covered by Section 195(1)(a) of the Code of Criminal Procedure, 1973. Under that provision, a court could not take cognizance of an offence punishable under IPC Sections 172 to 188, including Section 182, except upon a written complaint of the public servant concerned or of another public servant to whom that public servant was administratively subordinate.
This restriction is important because Section 195 CrPC prescribed a special statutory route for prosecution. The procedural requirements therefore had to be considered in addition to the substantive ingredients of Section 182 IPC.
Section 182 IPC and False Complaints
A complaint or information ultimately found to be incorrect does not automatically establish an offence under Section 182. The statutory language required proof that the information was false and that the person giving it knew or believed it to be false, together with the intention or knowledge of likelihood described in clauses (a) or (b).
Historical Note
The text of Section 182 reproduced above reflects the IPC provision applicable before the commencement of the Bharatiya Nyaya Sanhita, 2023. The section had been substituted by Act 3 of 1895. For conduct and proceedings affected by the transition to the new criminal laws, the relevant commencement, repeal and saving provisions should be examined on the facts of the case.
Legal information: This page provides a general explanation of the statutory provision and is not a substitute for advice on the facts of a particular case.