- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 212: Furnishing False Information
Introduction
Section 212 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who is legally bound to furnish information to a public servant, but instead furnishes information as true even though he knows or has reason to believe that it is false.
The section is therefore concerned with false information given in breach of a legal duty to provide information.
The provision contains two levels of punishment:
- Clause (a) deals with the general offence of furnishing false information where there is a legal duty to provide information.
- Clause (b) provides a more serious punishment where the information concerns:
- The commission of an offence;
- Prevention of an offence; or
- Apprehension of an offender.
The central formula is:
LEGAL DUTY TO FURNISH INFORMATION + FALSE INFORMATION GIVEN AS TRUE + KNOWLEDGE/REASON TO BELIEVE FALSE = SECTION 212
Q1. What does Section 212 punish?
Answer:
Section 212 punishes a person who:
- Is legally bound to furnish information on a subject;
- Must furnish that information to a public servant acting as such;
- Furnishes information as true;
- The information concerns the subject on which the legal duty exists; and
- The person:
- Knows the information is false; or
- Has reason to believe that it is false.
Q2. What is the object of Section 212?
Answer:
The object is to protect public administration from deliberate or culpable misinformation where the law places a person under an obligation to supply information.
It ensures that a person who is legally required to inform a public authority cannot satisfy that duty by supplying information which he knows or has reason to believe is false.
Q3. Which IPC provision corresponds to Section 212 BNS?
Answer:
According to the supplied comments:
Section 212 BNS = Section 177 IPC
Q4. Has the substance of the provision changed under the BNS?
Answer:
According to the supplied comments, the language remains substantially unchanged.
However:
- The former paragraphs have been rearranged into clauses (a) and (b);
- The fine under clause (a) has been increased;
- References to IPC sections in the Explanation have been substituted by the corresponding BNS sections.
Q5. What change has been made to the fine under clause (a)?
Answer:
According to the supplied comments:
₹1,000 → ₹5,000
Q6. What are the essential ingredients of Section 212?
Answer:
The essential ingredients are:
- The accused must be legally bound to furnish information;
- The information must concern a particular subject;
- The information must be furnished to a public servant as such;
- The accused must furnish information as true;
- The information must be false; and
- The accused must:
- Know it to be false; or
- Have reason to believe it to be false.
Formula
LEGAL DUTY + PUBLIC SERVANT + INFORMATION GIVEN AS TRUE + FALSEHOOD + KNOWLEDGE/REASON TO BELIEVE = SECTION 212
Q7. What is the first requirement under Section 212?
Answer:
The accused must be:
LEGALLY BOUND TO FURNISH INFORMATION
A mere moral or social expectation to give information is not enough.
Q8. Is a voluntary informant automatically covered by Section 212?
Answer:
Not merely because he gives information.
Section 212 specifically begins with a person who is:
LEGALLY BOUND TO FURNISH INFORMATION
Q9. Why is the legal duty important?
Answer:
Because Section 212 is not a general offence of every false statement made to an official.
It applies where the law specifically imposes a duty on the person to furnish information.
Q10. To whom must the information be furnished?
Answer:
It must be furnished to:
A PUBLIC SERVANT, AS SUCH
Q11. What does “public servant, as such” signify?
Answer:
It means that the information must be furnished to the public servant in his official capacity.
Q12. Is false information given to a private person covered by Section 212?
Answer:
Not under the supplied wording.
The recipient must be a public servant acting as such.
Q13. Must the information relate to the subject on which the legal duty exists?
Answer:
Yes.
The false information must relate to the subject concerning which the accused is legally bound to furnish information.
Q14. What is meant by “furnishes, as true”?
Answer:
It means that the accused presents the information to the public servant as though it were true.
The person is not merely repeating an uncertain rumour as an uncertain rumour; he is furnishing the information in the capacity of truthful information required by law.
Q15. Must the information actually be false?
Answer:
Yes.
The provision requires that the information furnished as true be false.
Q16. Is falsity alone enough?
Answer:
No.
The accused must also possess the required mental state.
Q17. What mental state is required?
Answer:
The accused must:
KNOW
or
HAVE REASON TO BELIEVE
that the information is false.
Q18. Must the accused have absolute knowledge of falsity?
Answer:
No.
The provision also covers a person who:
HAS REASON TO BELIEVE
that the information is false.
Q19. Is an innocent mistake enough?
Answer:
No.
If a person honestly furnishes information believing it to be true and has no reason to believe otherwise, the required mental element would not be established merely because the information later proves incorrect.
Q20. Is negligence automatically enough?
Answer:
No.
The statutory test is whether the accused:
- Knew the information was false; or
- Had reason to believe it was false.
Q21. Does Section 212 require dishonesty?
Answer:
No.
The word “dishonestly” does not appear in the supplied provision.
Q22. Does it require fraudulent intention?
Answer:
No.
Fraud is not an express ingredient.
Q23. Does it require malicious intention?
Answer:
No.
Malice is not expressly required.
Q24. Does it require intention to injure another person?
Answer:
No.
Unlike some provisions dealing with false information, Section 212 does not expressly require an intention to injure or annoy another person.
Q25. Does the public servant have to act on the information?
Answer:
No such requirement is expressly stated.
The offence concerns the furnishing of false information in breach of a legal duty.
Q26. Must anyone actually suffer harm?
Answer:
No.
Actual injury or loss is not an express ingredient.
Q27. Must the public servant believe the information?
Answer:
No.
The section does not expressly require successful deception.
Q28. What is the difference between clauses (a) and (b)?
Answer:
Clause (a) is the general form of the offence.
Clause (b) is the aggravated form, where the information concerns criminal offending or law enforcement.
Memory
212(a) = GENERAL FALSE INFORMATION
212(b) = OFFENCE / PREVENTION / APPREHENSION
Q29. What does clause (a) cover?
Answer:
Clause (a) covers the general case where a person legally bound to furnish information knowingly or culpably furnishes false information as true.
Q30. What is the punishment under Section 212(a)?
Answer:
The punishment is:
SIMPLE IMPRISONMENT UP TO 6 MONTHS
or
FINE UP TO ₹5,000
or
BOTH
Q31. Is rigorous imprisonment available under clause (a)?
Answer:
No.
Clause (a) specifically provides:
SIMPLE IMPRISONMENT
Q32. What situations fall under clause (b)?
Answer:
Clause (b) applies where the information the person is legally bound to give:
- Respects the commission of an offence; or
- Is required for preventing the commission of an offence; or
- Is required for apprehending an offender.
Q33. Why is clause (b) more serious?
Answer:
Because false information in such circumstances can interfere directly with:
- Detection of crime;
- Prevention of crime; or
- Apprehension of offenders.
The law therefore provides a heavier punishment.
Q34. What is the punishment under Section 212(b)?
Answer:
The punishment is:
IMPRISONMENT OF EITHER DESCRIPTION UP TO 2 YEARS
or
FINE
or
BOTH
Q35. Is a maximum amount of fine specified under clause (b)?
Answer:
No numerical maximum fine is stated in the supplied text for clause (b).
Therefore, no specific figure should be inserted.
Q36. Can imprisonment under clause (b) be simple or rigorous?
Answer:
Yes.
Clause (b) provides:
IMPRISONMENT OF EITHER DESCRIPTION
Q37. What is the key punishment distinction between clauses (a) and (b)?
Answer:
Clause (a)
Simple imprisonment up to 6 months / ₹5,000 / both
Clause (b)
Either description up to 2 years / fine / both
Memory
GENERAL = 6 MONTHS
CRIME-RELATED = 2 YEARS
Q38. What happens in Illustration (a)?
Answer:
A is a landholder who knows that a murder has been committed within his estate.
Instead of giving truthful information, he deliberately tells the District Magistrate that the death occurred accidentally because of a snake bite.
A is guilty under Section 212.
Q39. What does Illustration (a) demonstrate?
Answer:
It demonstrates that a person who has a legal duty to furnish information cannot deliberately substitute a false explanation for the true facts.
Memory
MURDER → FALSELY REPORTED AS SNAKE BITE
Q40. Why does Illustration (a) fall within the aggravated form?
Answer:
Because the false information relates to:
THE COMMISSION OF AN OFFENCE
namely, murder.
Therefore, it illustrates the more serious crime-related situation contemplated by clause (b).
Q41. What happens in Illustration (b)?
Answer:
A is a village watchman.
He knows that a considerable group of strangers has passed through his village intending to commit dacoity at Z’s house.
He is legally bound to give early and accurate information to the nearest police station.
Instead, he deliberately misinforms the police by saying the suspicious group is heading toward a different distant place.
A commits the offence under Section 212.
Q42. What does Illustration (b) demonstrate?
Answer:
It shows false information given in circumstances where truthful information is required:
TO PREVENT AN OFFENCE
and potentially:
TO APPREHEND THE OFFENDERS
Q43. Why is Illustration (b) especially serious?
Answer:
Because the misinformation may divert police away from the actual intended crime and thereby interfere with prevention or apprehension.
Q44. What is the simplest way to remember the illustrations?
Answer:
Illustration (a): MURDER → SNAKE BITE
Illustration (b): DACOITY → WRONG DIRECTION
Q45. What does the Explanation to Section 212 provide?
Answer:
The Explanation states that, for Section 211 and Section 212, the word:
“OFFENCE”
includes certain acts committed outside India which, if committed in India, would be punishable under specified BNS provisions.
It also states that:
“OFFENDER”
includes a person alleged to have been guilty of such an act.
Q46. Does the Explanation apply only to Section 212?
Answer:
No.
The supplied text expressly states that the Explanation applies:
IN SECTION 211 AND IN THIS SECTION
Therefore, it applies to both Section 211 and Section 212.
Q47. Can an act committed outside India be treated as an “offence” for this purpose?
Answer:
Yes, but only within the scope of the Explanation and the specified categories.
The Explanation includes certain acts committed outside India if they would be punishable under the listed BNS provisions had they been committed in India.
Q48. Which BNS provisions are listed in the Explanation?
Answer:
According to the supplied text, the listed provisions are:
- Section 103;
- Section 105;
- Section 307;
- Section 309(2), (3) and (4);
- Section 310(2), (3), (4) and (5);
- Section 311;
- Section 312;
- Section 326(f) and (g);
- Section 331(4), (6), (7) and (8);
- Section 332(a) and (b).
These references should be remembered as the specific statutory list supplied by the Explanation.
Q49. What does “offender” include under the Explanation?
Answer:
It includes:
ANY PERSON ALLEGED TO HAVE BEEN GUILTY OF SUCH AN ACT
Therefore, the concept is not limited to a person already convicted.
Q50. Must the offender already have been convicted?
Answer:
No.
The Explanation expressly includes a person:
ALLEGED TO HAVE BEEN GUILTY
of the relevant act.
Q51. What is the classification of Section 212(a)?
Answer:
According to the supplied material:
NON-COGNIZABLE
BAILABLE
ANY MAGISTRATE
Q52. What is the classification of Section 212(b)?
Answer:
According to the supplied material, the same classification applies:
NON-COGNIZABLE
BAILABLE
ANY MAGISTRATE
Q53. What is the easiest classification memory?
Answer:
212(a) & (b) = NC + B + ANY MAGISTRATE
Q54. How does Section 212 differ from Section 213?
Answer:
Section 212
The person:
FURNISHES FALSE INFORMATION
despite being legally bound to furnish truthful information.
Section 213
The person:
REFUSES TO TAKE AN OATH OR AFFIRMATION
when lawfully required.
Memory
212 = FALSE INFORMATION
213 = REFUSE OATH
Q55. How does Section 212 differ from Section 214?
Answer:
Section 212
The person gives information, but the information is false.
Section 214
The person refuses to answer altogether.
Memory
212 = WRONG INFORMATION
214 = NO ANSWER
Q56. How does Section 212 differ from Section 216?
Answer:
Section 212
The legal duty is:
TO FURNISH INFORMATION
and the accused furnishes false information.
Section 216
The person is:
BOUND BY OATH OR AFFIRMATION
and makes a false statement.
Memory
212 = FALSE INFORMATION UNDER LEGAL DUTY
216 = FALSE STATEMENT UNDER OATH
Q57. How does Section 212 differ from Section 217?
Answer:
This distinction is particularly important.
Section 212
Requires:
A LEGAL DUTY TO FURNISH INFORMATION
The accused furnishes information as true while knowing or having reason to believe it is false.
Section 217
Does not turn on the same legal-duty formulation. It concerns false information given to a public servant with intention or knowledge that it is likely to cause specified wrongful official action or use of lawful power to injury or annoyance.
Memory
212 = LEGALLY BOUND TO INFORM, BUT GIVE FALSE INFO
217 = GIVE FALSE INFO TO MANIPULATE PUBLIC POWER
Q58. Is intention to cause official action required under Section 212?
Answer:
No such additional intention is expressly required.
That helps distinguish Section 212 from Section 217.
Q59. What is the key mental-state difference between Sections 212 and 217?
Answer:
Section 212
The accused must:
KNOW OR HAVE REASON TO BELIEVE THE INFORMATION IS FALSE
Section 217
The accused must:
- Know or believe the information is false; and
- Intend, or know it likely, to produce the specified official consequence.
Therefore, Section 217 contains an additional consequence-related mental element.
Q60. What is the easiest problem-question method?
Answer:
Ask:
- Was the accused legally bound to furnish information?
- Was the information to be furnished to a public servant as such?
- Did the accused furnish information as true?
- Was that information false?
- Did the accused know or have reason to believe it was false?
- If so, did the information relate to:
- An offence already committed;
- Prevention of an offence; or
- Apprehension of an offender?
If the first five are satisfied:
SECTION 212 APPLIES
Then determine whether punishment falls under:
CLAUSE (a) OR CLAUSE (b)
Q61. What are the key statutory words to remember?
Answer:
LEGALLY BOUND
FURNISH INFORMATION
PUBLIC SERVANT, AS SUCH
FURNISHES AS TRUE
KNOWS
HAS REASON TO BELIEVE
FALSE
Q62. What is the easiest substantive memory formula?
Answer:
DUTY TO INFORM + FALSE INFO AS TRUE + KNOW/REASON TO BELIEVE FALSE = SECTION 212
Key Provisions (Study Notes)
1. Legal Duty Is Essential
The accused must be:
LEGALLY BOUND TO FURNISH INFORMATION
This distinguishes Section 212 from a general false-information offence.
2. Recipient Must Be a Public Servant
The information must be furnished to:
A PUBLIC SERVANT, AS SUCH
3. Information Must Be Presented as True
The accused must furnish the information:
AS TRUE
4. Information Must Be False
Actual falsity is necessary.
5. Mens Rea
The accused must:
KNOW
or
HAVE REASON TO BELIEVE
the information is false.
6. Clause (a) — General Form
Punishment:
SIMPLE IMPRISONMENT UP TO 6 MONTHS
or
FINE UP TO ₹5,000
or
BOTH
7. Clause (b) — Aggravated Crime-Related Form
Applies where the information relates to:
COMMISSION OF OFFENCE
or
PREVENTION OF OFFENCE
or
APPREHENSION OF OFFENDER
Punishment:
IMPRISONMENT OF EITHER DESCRIPTION UP TO 2 YEARS
or
FINE
or
BOTH
Illustrations — Study Notes
Illustration (a): Murder Falsely Reported as Snake Bite
A knows a murder occurred but reports that the victim died from a snake bite.
Lesson
FALSE INFORMATION ABOUT COMMISSION OF OFFENCE
Illustration (b): Dacoits Sent in the Wrong Direction
A village watchman knows a gang is heading toward Z’s house to commit dacoity.
Instead of warning police truthfully, he deliberately tells them the gang is heading somewhere else.
Lesson
FALSE INFORMATION INTERFERING WITH PREVENTION / APPREHENSION
Explanation — Study Notes
For Sections 211 and 212:
“Offence”
Includes specified acts committed outside India which would be punishable under the listed BNS provisions if committed in India.
“Offender”
Includes:
A PERSON ALLEGED TO HAVE COMMITTED SUCH AN ACT
A conviction is not required for the definition.
Essential Ingredients — Rapid Recall
LEGAL DUTY TO FURNISH INFORMATION
+
PUBLIC SERVANT
+
INFORMATION FURNISHED AS TRUE
+
INFORMATION ACTUALLY FALSE
+
KNOWLEDGE OR REASON TO BELIEVE FALSE
= SECTION 212
Punishment Notes
Section 212(a)
Simple imprisonment up to 6 months / fine up to ₹5,000 / both
Section 212(b)
Either description up to 2 years / fine / both
Memory
GENERAL = 6 MONTHS
CRIME-RELATED = 2 YEARS
Classification Notes
Both clauses:
NON-COGNIZABLE
BAILABLE
ANY MAGISTRATE
Memory
212(a) & (b) = NC + B + ANY MAGISTRATE
IPC Equivalent and BNS Changes
According to the supplied comments:
Section 212 BNS = Section 177 IPC
The changes identified are:
- Former paragraphs rearranged as clauses (a) and (b);
- Fine in clause (a) increased:
₹1,000 → ₹5,000
- IPC section references in the Explanation replaced by corresponding BNS references.
Section 212 vs Section 213
Section 212
YOU GIVE INFORMATION — BUT IT IS FALSE
Section 213
YOU REFUSE TO TAKE OATH/AFFIRMATION
Memory
212 = FALSE INFO
213 = NO OATH
Section 212 vs Section 214
Section 212
FALSE INFORMATION GIVEN
Section 214
ANSWER REFUSED
Memory
212 = WRONG ANSWER
214 = NO ANSWER
Section 212 vs Section 216
Section 212
LEGAL DUTY TO FURNISH INFORMATION
Section 216
LEGAL OATH/AFFIRMATION TO STATE TRUTH
Memory
212 = DUTY TO INFORM
216 = DUTY UNDER OATH
Section 212 vs Section 217
Section 212
Requires:
LEGAL DUTY TO FURNISH INFORMATION
and knowledge or reason to believe in falsity.
Section 217
Focuses on:
FALSE INFORMATION INTENDED OR KNOWN LIKELY TO CAUSE SPECIFIED OFFICIAL ACTION
Best Memory
212 = DUTY + FALSE INFO
217 = FALSE INFO + MANIPULATE PUBLIC POWER
Quick Revision Notes
Section
212 BNS
Title
Furnishing false information
IPC Equivalent
Section 177 IPC
First Requirement
Legally bound to furnish information.
Recipient
Public servant acting as such.
Act
Furnish information as true.
Falsity
Information must be false.
Mens Rea
Knows or has reason to believe it is false.
Clause (a)
General false information.
Punishment Under (a)
Simple imprisonment up to 6 months / ₹5,000 / both.
Clause (b)
Information relating to:
- Commission of offence;
- Prevention of offence;
- Apprehension of offender.
Punishment Under (b)
Either description up to 2 years / fine / both.
Classification
Both clauses:
Non-Cognizable + Bailable + Any Magistrate
BNS Changes
Paragraphs rearranged into clauses; clause (a) fine increased ₹1,000 → ₹5,000; IPC references replaced by corresponding BNS provisions.
Exam Traps
Trap 1 — Thinking every false statement to a public servant is Section 212
Incorrect.
The accused must be:
LEGALLY BOUND TO FURNISH THE INFORMATION
Trap 2 — Forgetting that the information must be furnished as true
The statute expressly requires the accused to furnish the information:
AS TRUE
Trap 3 — Treating an innocent mistake as sufficient
Incorrect.
The accused must:
KNOW OR HAVE REASON TO BELIEVE IT IS FALSE
Trap 4 — Forgetting the two punishment levels
212(a) = GENERAL
212(b) = OFFENCE / PREVENTION / APPREHENSION
Trap 5 — Giving clause (b) the ₹5,000 fine ceiling
Incorrect.
The supplied text specifies ₹5,000 under clause (a), but clause (b) simply says:
FINE
No numerical ceiling is supplied there.
Trap 6 — Forgetting imprisonment type
Under clause (a):
SIMPLE IMPRISONMENT
Under clause (b):
IMPRISONMENT OF EITHER DESCRIPTION
Trap 7 — Confusing Section 212 with Section 214
212 = FALSE INFORMATION
214 = REFUSE TO ANSWER
Trap 8 — Confusing Section 212 with Section 216
212 = FALSE INFO UNDER DUTY TO INFORM
216 = FALSE STATEMENT UNDER OATH
Trap 9 — Confusing Section 212 with Section 217
212 = LEGAL DUTY TO INFORM
217 = INTENT/LIKELIHOOD OF CAUSING OFFICIAL ACTION
Trap 10 — Forgetting the Explanation applies to Section 211 too
The Explanation expressly applies to:
SECTION 211 AND SECTION 212
Trap 11 — Thinking “offender” means convicted offender only
Incorrect.
Under the Explanation, it includes:
A PERSON ALLEGED TO HAVE BEEN GUILTY
of the specified act.
Trap 12 — Forgetting the BNS structural change
The supplied comments state that the former paragraphs have been rearranged into:
CLAUSES (a) AND (b)
Rapid Revision Link: Sections 212–227
212 = FURNISH FALSE INFORMATION
213 = REFUSE OATH
214 = REFUSE ANSWER
215 = REFUSE SIGNATURE
216 = FALSE STATEMENT UNDER OATH
217 = FALSE INFORMATION TO MANIPULATE PUBLIC POWER
218 = RESIST TAKING OF PROPERTY
219 = OBSTRUCT PUBLIC SALE
220 = ILLEGAL BID AT PUBLIC SALE
221 = OBSTRUCT PUBLIC SERVANT
222 = FAIL TO ASSIST PUBLIC SERVANT
223 = DISOBEY PUBLIC ORDER
224 = THREAT PUBLIC SERVANT
225 = THREAT PERSON SEEKING PROTECTION
226 = SUICIDE ATTEMPT TO COERCE PUBLIC SERVANT
227 = GIVE FALSE EVIDENCE
Memory Chain
FALSE INFO → REFUSE OATH → REFUSE ANSWER → REFUSE SIGN → FALSE OATH → MANIPULATE OFFICIAL → RESIST TAKING → BLOCK SALE → BAD BID → BLOCK SERVANT → REFUSE HELP → DISOBEY → THREAT → BLOCK PROTECTION → COERCE → FALSE EVIDENCE
Ultimate Memory Formula
SECTION 212
LEGALLY BOUND TO FURNISH INFORMATION
+
TO PUBLIC SERVANT
+
FURNISHES IT AS TRUE
+
INFORMATION IS FALSE
+
KNOWS OR HAS REASON TO BELIEVE IT FALSE
= SECTION 212
Punishment
Clause (a)
SI UP TO 6 MONTHS / ₹5,000 / BOTH
Clause (b)
EITHER DESCRIPTION UP TO 2 YEARS / FINE / BOTH
Classification
BOTH CLAUSES = NC + B + ANY MAGISTRATE
Key Takeaway
Section 212 BNS deals with a person who is legally required to furnish information to a public servant, but instead supplies information as true which he knows or has reason to believe is false.
The section distinguishes between:
212(a) — GENERAL FALSE INFORMATION
and
212(b) — FALSE INFORMATION CONNECTED WITH CRIME, CRIME PREVENTION OR APPREHENSION
According to the supplied comments:
Section 212 BNS = Section 177 IPC
The provision has been reorganised into clauses, the maximum fine under clause (a) has increased from:
₹1,000 TO ₹5,000
and the IPC references in the Explanation have been replaced by corresponding BNS provisions.
Final Memory Line
“212 = LEGALLY BOUND TO INFORM A PUBLIC SERVANT, BUT KNOWINGLY OR CULPABLY GIVE FALSE INFORMATION AS TRUE.”
