Section 203 IPC: Giving False Information Respecting an Offence Committed
Section 203 of the Indian Penal Code, 1860 punished a person who, knowing or having reason to believe that an offence had been committed, gave information about that offence which the person knew or believed to be false.
Text of Section 203 IPC
Giving false information respecting an offence committed.
Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanation. In sections 201 and 202 and in this section the word "offence" includes any act committed at any place out of India which, if committed in India, would be punishable under sections 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 or 460 IPC.
Meaning and Scope of Section 203 IPC
The provision targeted knowingly false information concerning an offence that had in fact been committed. The section therefore required more than an inaccurate statement. The prosecution had to establish the required knowledge or reason to believe concerning the commission of an offence and also the accused's knowledge or belief that the information supplied about it was false.
Essential Ingredients
For liability under Section 203 IPC, the prosecution was required to establish the elements arising from the statutory language:
- an offence had been committed;
- the accused knew or had reason to believe that the offence had been committed;
- the accused gave information respecting that offence; and
- the accused knew or believed the information given to be false.
The mental element is important. A statement that later proves incorrect does not, by that fact alone, establish that the maker knew or believed it to be false when it was given.
Punishment Under Section 203 IPC
| Provision | Punishment |
|---|---|
| Section 203 IPC | Imprisonment of either description up to two years, or fine, or both. |
Classification Under the Code of Criminal Procedure, 1973
Under the First Schedule to the Code of Criminal Procedure, 1973, the IPC offence under Section 203 was classified as non-cognizable and bailable, and was triable by any Magistrate.
Section 203 Compared With Sections 201 and 202 IPC
These neighbouring provisions dealt with different forms of conduct after an offence. Section 201 IPC concerned disappearance of evidence or false information given with the intention of screening an offender from legal punishment. Section 202 IPC dealt with intentional omission to give information by a person legally bound to give it. Section 203, by contrast, directly punished knowingly false information respecting an offence committed.
Meaning of "Offence" in Section 203
The statutory Explanation enlarged the meaning of "offence" for Sections 201, 202 and 203. It included specified serious acts committed outside India where the same act, if committed in India, would have been punishable under one of the IPC sections expressly listed in the Explanation.
Legislative Note
The Explanation was added by Act 3 of 1894, section 6. The historical expression "British India" was subsequently substituted through constitutional adaptation orders and Act 3 of 1951 so that the provision referred to India.
Position After the Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. The corresponding BNS provision concerning giving false information respecting an offence committed is Section 240. For conduct and proceedings governed by the IPC-era law, the applicable statutory and transitional provisions should be considered according to the relevant date and facts.
Key Point
Section 203 IPC did not punish every mistaken or inaccurate account of an offence. Its language required proof that the person knew or had reason to believe that an offence had been committed and nevertheless gave information about that offence which the person knew or believed to be false.