Section 246 BNS: Dishonestly Making False Claim in Court
Section 246 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who makes a claim in Court that he knows to be false and does so fraudulently, dishonestly, or with intent to injure or annoy another person.
Current legal position: Section 246 BNS corresponds to former Section 209 of the Indian Penal Code, 1860. The offence is punishable with imprisonment up to two years and fine.
Text of Section 246 BNS
246. Dishonestly making false claim in Court.
Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
Meaning and scope of Section 246 BNS
The section protects the integrity of judicial proceedings by penalising knowingly false claims made before a Court. A false claim is not enough by itself. The provision also requires the claim to be made fraudulently, dishonestly, or with intent to injure or annoy another person.
The expression "claim" is wider than merely the final relief sought in a prayer clause. In applying the corresponding former IPC provision, courts have treated the claim as including a factual or legal assertion relied upon to obtain relief, provided the statutory requirements of falsity, knowledge and fraudulent or dishonest intent are established.
Essential ingredients of the offence
For Section 246 BNS to apply, the allegations ordinarily need to establish these elements:
- The accused made a claim in a Court.
- The claim was false, wholly or in a material part.
- The accused knew that the claim was false.
- The claim was made fraudulently or dishonestly, or with intent to injure or annoy another person.
Important distinction: A claim that ultimately fails, a disputed pleading, or an assertion that is not proved does not automatically become a criminally false claim. The knowledge and mental element required by Section 246 must also be established.
Punishment and procedural classification
| Punishment | Imprisonment of either description for a term which may extend to two years, and fine. |
|---|---|
| Cognizable | No. The offence is non-cognizable. |
| Bailable | Yes. |
| Court having jurisdiction to try | Magistrate of the first class. |
The classification above is stated in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Corresponding provision under the Indian Penal Code
Section 246 BNS corresponds to Section 209 of the Indian Penal Code, 1860. The wording and punishment are substantially carried forward, with the BNS provision using the expression "in a Court" where the former IPC wording referred to a "Court of Justice."
The Bharatiya Nyaya Sanhita came into force on 1 July 2024, subject to the commencement notification and repeal and savings provisions. Conduct occurring before that date may continue to be governed by the former IPC provision under the applicable savings clause.
Illustrative situations
Depending on the facts and evidence, Section 246 BNS may be relevant where a person knowingly and dishonestly:
- asserts a fabricated monetary claim in a court proceeding;
- claims a legal right that he knows does not exist in order to obtain judicial relief;
- seeks relief on the basis of a claim known by him to be false;
- uses a knowingly false claim to injure or annoy another litigant; or
- advances a knowingly false claim as part of a fraudulent litigation strategy.
These examples are explanatory only. Criminal liability depends on proof of the statutory ingredients in the individual case.
Frequently asked questions
What is the punishment under Section 246 BNS?
The punishment may extend to two years' imprisonment, and the offender is also liable to fine.
Is Section 246 BNS bailable?
Yes. It is a bailable offence.
Is Section 246 BNS cognizable?
No. It is classified as non-cognizable.
Which court can try an offence under Section 246 BNS?
The offence is triable by a Magistrate of the first class.
Does every unsuccessful claim amount to an offence under Section 246?
No. The person must know that the claim is false, and the claim must also be made fraudulently, dishonestly, or with intent to injure or annoy.
Which IPC provision corresponds to Section 246 BNS?
Section 209 of the Indian Penal Code, 1860.