Section 212: Knowingly Furnishing False Information to Public Servant

Bharatiya Nyaya Sanhita • Chapter XI: Of Offences by or Relating to Public Servants • Official Statutory Text & Legal Guide

Chapter XI: Of Offences by or Relating to Public Servants
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 177 IPC

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023
Official BNSS Schedule I
Offence / Provision Statutory Punishment Bail Status Cognizance Trial Jurisdiction Old IPC Equivalent
Section 212 BNS
Knowingly Furnishing False Information to Public Servant
Simple imprisonment up to 6 months, or fine up to ₹5,000, or both (up to 2 years if offence). Bailable Non-Cognizable Any Magistrate Formerly Sec 177 IPC
Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

Legal Commentary & Landmark Judgments: Section 212

Section 212 penalises knowingly furnishing false information to a public servant by a person legally bound to furnish information on that subject.

  • Legal Duty to Furnish Info: The accused is bound by law to state the truth or supply information on the subject matter.
  • False Representation: The information supplied is factually false.
  • Guilty Knowledge: The accused knows or has reason to believe the information to be false at the time of providing it.
Key Landmark Precedents:
  • State of Gujarat v. Kansara Manilal Bhikhalal AIR 1964 SC 1893: The Supreme Court observed that supplying intentionally fabricated data under statutory reporting requirements undermines administrative oversight.
  • Bholanath v. State of U.P. (1976) 4 SCC 682: Affirmed that mens rea is the essence of the offence; an honest mistake or reliance on unverified subordinate accounts negates criminal liability.
Courtroom Practice & Strategic Litigation Guidance:

Cross-examination of the public servant must test whether the accused had personal knowledge of the falsity or was merely conveying second-hand information in good faith. Written complaint under Section 215 BNSS is mandatory.