Section 211 IPC: False charge of offence made with intent to injure

Indian Penal Code, 1860

Section 211 IPC at a Glance

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

Punishment

Imprisonment of either description for up to two years, or up to seven years if the false charge is of an offence punishable with death, imprisonment for life, or imprisonment for seven years or upwards.

Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Magistrate of the first class; Court of Session if offence charged is capital or punishable with imprisonment for life โ“˜
BNS Equivalent

Section 248 โ†’

Section 211 IPC Bare Act Text

211. 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, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Source: Section 211, Indian Penal Code, 1860

Section 211 IPC in Simple Words

Section 211 of the Indian Penal Code (IPC) punishes instituting or causing to be instituted any criminal proceeding, or falsely charging any person with having committed an offence, with intent to cause injury to that person and knowing that there is no just or lawful ground for such proceeding or charge. The basic punishment is imprisonment of either description for a term which may extend to two years, or fine, or both.

If the criminal proceeding is instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for seven years or upwards, the offender is punishable with imprisonment of either description for a term which may extend to seven years, and the offender is also liable to fine. The offence is non-cognizable and bailable throughout, and it is triable by a Magistrate of the first class, or by the Court of Session if the false charge is of a capital offence or one punishable with imprisonment for life.

Ingredients of Section 211 IPC

  • The accused instituted or caused to be instituted a criminal proceeding against a person, or falsely charged a person with having committed an offence
  • The act was done with intent to cause injury to that person
  • The accused knew that there was no just or lawful ground for such proceeding or charge
  • For the aggravated punishment, the criminal proceeding was instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for seven years or upwards

Punishment Under Section 211 IPC

Imprisonment

Imprisonment of either description for up to two years, or up to seven years if the false charge is of an offence punishable with death, imprisonment for life, or imprisonment for seven years or upwards.

Fine

The offender may be punished with fine alone or with both imprisonment and fine in the basic tier, and is also liable to fine in the aggravated tier. The section fixes no amount.

Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Magistrate of the first class; Court of Session if offence charged is capital or punishable with imprisonment for life โ“˜

A false charge made with intent to injure carries imprisonment for up to two years, or fine, or both; if the false charge is of an offence punishable with death, life imprisonment, or imprisonment for seven years or upwards, the offender is punishable with imprisonment for up to seven years and fine.

Example of Section 211 IPC

In 2022, Pradeep bore a personal grudge against his neighbour Meenakshi in Kochi over a boundary wall. Intending to cause injury to Meenakshi, Pradeep filed a complaint before a Magistrate in Kochi and instituted a criminal proceeding against her on a false charge of setting fire to a dwelling house, an offence punishable with imprisonment for life or up to ten years. Pradeep knew that the fire was accidental and that there was no just or lawful ground for the proceeding or charge. Because he instituted the proceeding on a false charge to injure her, Pradeep is punishable under Section 211 IPC.

When Section 211 IPC Does Not Apply

  • The person making the accusation or initiating the proceeding honestly believes on reasonable grounds that there is a lawful basis for the charge.
  • The person neither institutes any criminal proceeding nor falsely accuses anyone of having committed an offence.
  • The complaint or proceeding is initiated in good faith without any intention to cause injury to the person charged.

Section 211 IPC in the BNS

Section 211 IPC is now covered under Section 248 BNS.

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 detailed comparison (IPC 211 vs BNS 248) โ†’

FAQs on Section 211 IPC

What does Section 211 IPC provide?โ–ผ

It punishes whoever, with intent to cause injury, institutes or causes to be instituted any criminal proceeding, or falsely charges any person with an offence, knowing there is no just or lawful ground.

What is the punishment for the basic offence under Section 211 IPC?โ–ผ

Imprisonment of either description for a term which may extend to two years, or fine, or both.

When does the aggravated punishment under Section 211 IPC apply?โ–ผ

When the criminal proceeding is instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for seven years or upwards.

What is the aggravated punishment under Section 211 IPC?โ–ผ

Imprisonment of either description for a term which may extend to seven years, and liability to fine.

Is an offence under Section 211 IPC cognizable and bailable?โ–ผ

It is non-cognizable and bailable throughout all tiers.

Which court tries an offence under Section 211 IPC?โ–ผ

A Magistrate of the first class tries the basic offence and the seven-year tier; the Court of Session tries the offence if the charge is capital or punishable with imprisonment for life.

Can an offence under Section 211 IPC be compounded?โ–ผ

No. It is not listed in Section 320 CrPC.

Where is Section 211 IPC in the Bharatiya Nyaya Sanhita?โ–ผ

In Section 248 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท