Section 248 BNS: False charge of offence made with intent to injure

Bharatiya Nyaya Sanhita, 2023

Section 248 BNS at a Glance

Section 248 BNS deals with false charge of offence made with intent to injure. It is bailable and non-cognizable; it replaced Section 211 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to five years in the basic tier, or up to ten years if the criminal proceeding is instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class; Court of Session if offence charged is capital or punishable with imprisonment for life ⓘ
IPC Equivalent

Section 211 →

Section 248 BNS Bare Act Text

248. False charge of offence made with intent to injure

Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person,—

(a) shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which may extend to two lakh rupees, or with both;

(b) if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards, shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Source: Section 248, Bharatiya Nyaya Sanhita, 2023

Section 248 BNS in Simple Words

Section 248 of the Bharatiya Nyaya Sanhita (BNS) punishes a person who, with intent to cause injury to any person, institutes or causes to be instituted a criminal proceeding against that person, or falsely charges that person with having committed an offence, knowing that there is no just or lawful ground for the proceeding or charge.

In the basic case, the offence is punishable with imprisonment of either description for up to five years, or with fine up to two lakh rupees, or with both. If the criminal proceeding is instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or more, the punishment extends to imprisonment for up to ten years, and the offender is also liable to fine.

Ingredients of Section 248 BNS

  • Instituting or causing to be instituted a criminal proceeding, or falsely charging a person with an offence
  • Intent to cause injury to that person
  • Knowledge that there is no just or lawful ground for the proceeding or charge
  • For aggravated liability, the false charge being of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards

Punishment Under Section 248 BNS

Imprisonment

Imprisonment of either description for up to five years in the basic tier, or up to ten years if the criminal proceeding is instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards.

Fine

Fine up to two lakh rupees alone or with imprisonment in the basic tier. In the aggravated tier, the offender is also liable to fine in addition to imprisonment.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class; Court of Session if offence charged is capital or punishable with imprisonment for life ⓘ

A false charge or criminal proceeding made with intent to injure carries imprisonment for up to five years, or fine up to two lakh rupees, or both; if the criminal proceeding is instituted on a false charge of an offence punishable with death, life imprisonment, or imprisonment for ten years or upwards, the offender is punishable with imprisonment for up to ten years and is also liable to fine.

Example of Section 248 BNS

Ritu has a bitter land dispute with Aditya. Intending to cause him injury and disgrace, she lodges a police complaint falsely charging him with armed robbery, an offence punishable with ten years or more of imprisonment, knowing that Aditya was in another city and that there is no just or lawful ground for the charge. The police register a case and commence proceedings against Aditya. Ritu is liable under Section 248 BNS because she instituted a criminal proceeding on a false charge of a serious offence knowing there was no lawful ground, with intent to injure Aditya.

When Section 248 BNS Does Not Apply

  • The accused did not know that there was no just or lawful ground for the proceeding or charge
  • The accused did not institute or cause to be instituted any criminal proceeding, and did not falsely charge any person with an offence
  • There was no intent to cause injury to any person

Section 248 BNS in the IPC (Previous Law)

Section 248 BNS replaces Section 211 IPC from the old criminal code.

Section 211 IPC is now Section 248 BNS. In the basic tier, the longest imprisonment rises from two years to five years, and the fine is capped at two lakh rupees where the IPC fixes no amount. In the aggravated tier, the threshold rises from offences punishable with seven years to ten years, and the longest imprisonment rises from seven years to ten years.

View IPC Section 211 →

FAQs on Section 248 BNS

What does Section 248 BNS cover?▼

Section 248 BNS covers filing or causing a criminal case to be filed against someone, or falsely accusing someone of an offence, with intent to injure them. The person must know that there is no just or lawful ground for that case or charge.

What has to be proved for false criminal accusation under Section 248 BNS?▼

It must be shown that the accusation or criminal proceeding was made with intent to cause injury to a person. It must also be shown that the person making it knew there was no just or lawful ground for that proceeding or charge.

Is Section 248 BNS bailable?▼

Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.

What is the punishment for a false criminal case under Section 248 BNS?▼

Under Section 248 BNS, the punishment may extend to 5 years, or fine up to 2 lakh rupees, or both. If the false charge is about an offence punishable with death, imprisonment for life, or imprisonment for 10 years or more, the punishment may extend to 10 years and the person is also liable to fine.

Under Section 248 BNS, what should I do if someone has filed a false criminal case against me?▼

You should collect records that show there was no just or lawful ground for the accusation and that it was made to injure you. Take the complaint, notices, FIR details, messages, and other documents to a lawyer, because Section 248 BNS applies where a false criminal proceeding or false charge is knowingly made without lawful basis.

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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 ·