Section 246 BNS: Dishonestly making false claim in Court

Bharatiya Nyaya Sanhita, 2023

Section 246 BNS at a Glance

Section 246 BNS deals with dishonestly making false claim in Court. It is bailable and non-cognizable, triable by Magistrate of the first class; it replaced Section 209 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to two years.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 209 →

Section 246 BNS Bare Act Text

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.

Source: Section 246, Bharatiya Nyaya Sanhita, 2023

Section 246 BNS in Simple Words

Section 246 of the Bharatiya Nyaya Sanhita (BNS) deals with a person who knowingly makes a false claim in a court case. It applies when someone presents a claim, defence, or statement in judicial proceedings as if it were genuine, while knowing it is false or not legally supported. The law is aimed at protecting the integrity of courts and stopping people from using litigation as a tool for fraud or pressure.

This section can apply to plaintiffs, defendants, or anyone who files or supports a claim before a court. The key point is dishonest intent. A simple mistake, bad legal advice, or an arguable claim does not automatically attract this provision.

In practice, this section matters because false claims waste judicial time, burden the other side with unnecessary litigation, and can lead to criminal prosecution in addition to the civil or criminal case already pending. Courts treat such conduct seriously because it strikes at the fairness of the justice system.

Ingredients of Section 246 BNS

  • Making a claim in a Court
  • Knowledge that the claim is false
  • Fraudulent or dishonest intent, or intent to injure or annoy any person

Punishment Under Section 246 BNS

Imprisonment

Imprisonment of either description for up to two years.

Fine

The offender is also liable to fine. The section fixes no amount.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Making a claim in court known to be false carries imprisonment for up to two years and liability to fine.

Example of Section 246 BNS

Sunita files a civil suit in court against Shalini claiming recovery of three lakh rupees under an alleged loan agreement. Sunita knows that no money was ever lent and that the claim is completely false. She files the suit to annoy Shalini into a compromise. Sunita is liable under Section 246 BNS because she made a claim in a Court knowing it to be false, with intent to annoy another person.

When Section 246 BNS Does Not Apply

  • The claim was not made in a Court
  • The accused did not know the claim to be false at the time of making it
  • The claim was not made fraudulently, dishonestly, or with intent to injure or annoy any person

Section 246 BNS in the IPC (Previous Law)

Section 246 BNS replaces Section 209 IPC from the old criminal code.

Section 209 IPC is now Section 246 BNS. The words Court of Justice become Court, while the punishment remains imprisonment for up to two years and fine.

View IPC Section 209 →

FAQs on Section 246 BNS

Does Section 246 BNS apply to every wrong claim made in court?▼

No. The prosecution must show that the person knew the claim was false and still made it dishonestly. A genuine dispute, a mistaken fact, or a weak legal case is not enough by itself.

Can a lawyer be punished under Section 246 BNS?▼

A lawyer can face action only if there is clear proof that the lawyer knowingly helped make a false claim with dishonest intent. Merely relying on a client’s instructions is not enough unless the lawyer was aware of the falsity.

Is Section 246 BNS bailable?▼

Yes, it is generally treated as a bailable offence. It is also non-cognizable and non-compoundable, so police do not usually investigate it on their own without court involvement.

Under Section 246 BNS, what is the main difference between a false claim and a weak claim?▼

A weak claim may fail because the evidence is poor or the law does not support it. A false claim involves dishonesty, where the person knows the claim is untrue but still puts it before the court.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·