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KembaraXtra - Bharatiya Nyaya Sanhita - Section 217: False Information, with Intent to Cause Public Servant to Use His Lawful Power to Injury of Another Person
Introduction
Section 217 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who gives false information to a public servant, knowing or believing that information to be false, with the intention of causing—or with knowledge that it is likely to cause—the public servant to misuse his official decision-making or lawful powers to the injury or annoyance of another person.
The section therefore targets a particular kind of abuse:
FALSE INFORMATION USED TO SET PUBLIC AUTHORITY IN MOTION AGAINST SOMEONE ELSE
The central formula is:
FALSE INFORMATION + PUBLIC SERVANT + KNOWLEDGE OF FALSEHOOD + INTENT/LIKELIHOOD OF WRONGFUL OFFICIAL ACTION = SECTION 217
Q1. What does Section 217 punish?
Answer:
Section 217 punishes a person who:
- Gives information to a public servant;
- Knows or believes that information to be false;
- Intends thereby to cause, or knows it is likely to cause, the public servant:
- To do or omit something which the public servant ought not to do or omit if the true facts were known; or
- To use his lawful power to the injury or annoyance of another person.
Q2. What is the object of Section 217?
Answer:
The section protects both:
- Public administration from being manipulated by false information; and
- Individuals from injury or annoyance caused through misuse of public authority induced by falsehood.
It therefore prevents a person from weaponising public power through knowingly false information.
Q3. Which IPC provision corresponds to Section 217 BNS?
Answer:
According to the supplied comments:
Section 217 BNS = Section 182 IPC
Q4. Has the language changed under the BNS?
Answer:
According to the supplied comments:
THE LANGUAGE REMAINS UNCHANGED
However, the punishment has been increased.
Q5. What changes have been made to the punishment?
Answer:
According to the supplied comments:
- Maximum imprisonment increased from 6 months to 1 year;
- Maximum fine increased from ₹1,000 to ₹10,000.
Memory
6 MONTHS → 1 YEAR
₹1,000 → ₹10,000
Q6. What are the essential ingredients of Section 217?
Answer:
The essential ingredients are:
- Information must be given;
- It must be given to a public servant;
- The information must be false;
- The accused must know or believe it to be false;
- The accused must intend, or know it to be likely, that the false information will cause the public servant:
- To do or omit something which he ought not to do or omit if the true facts were known; or
- To use lawful power to the injury or annoyance of another person.
Formula
PUBLIC SERVANT + FALSE INFORMATION + KNOWLEDGE/BELIEF OF FALSEHOOD + INTENDED/LIKELY OFFICIAL CONSEQUENCE = SECTION 217
Q7. Who must receive the false information?
Answer:
The information must be given to:
A PUBLIC SERVANT
Q8. Is false information given to a private person covered by Section 217?
Answer:
No.
Section 217 specifically requires that the information be given to a public servant.
Q9. Must the information actually be false?
Answer:
Yes.
The provision concerns information which the accused knows or believes to be false.
Q10. What is the required mental state regarding falsity?
Answer:
The accused must:
KNOW OR BELIEVE THE INFORMATION TO BE FALSE
Q11. Is an innocent mistake enough?
Answer:
No.
If a person honestly believes the information to be true, the express mental element of Section 217 is not satisfied.
Q12. Is mere carelessness enough?
Answer:
The provision specifically requires knowledge or belief of falsity.
Mere carelessness, without that state of mind, is not the same thing.
Q13. What additional intention or knowledge is required?
Answer:
The accused must either:
- Intend to cause the public servant to act or omit in the prohibited manner; or
- Know that such a consequence is likely.
Memory
INTEND OR KNOW LIKELY
Q14. What are the two branches of Section 217?
Answer:
The section has two main branches:
Branch (a)
False information causes or is likely to cause the public servant to:
DO OR OMIT SOMETHING HE OUGHT NOT TO DO OR OMIT IF TRUE FACTS WERE KNOWN
Branch (b)
False information causes or is likely to cause the public servant to:
USE HIS LAWFUL POWER TO THE INJURY OR ANNOYANCE OF ANY PERSON
Q15. What is the core idea of clause (a)?
Answer:
Clause (a) is concerned with misleading the public servant into making a wrong official decision because he has been given false facts.
Memory
FALSE FACTS → WRONG OFFICIAL ACT OR OMISSION
Q16. What is the core idea of clause (b)?
Answer:
Clause (b) is concerned with causing the public servant to use lawful official power in a way that injures or annoys another person.
Memory
FALSE FACTS → LAWFUL POWER → INJURY/ANNOYANCE
Q17. Must the public servant’s power itself be unlawful?
Answer:
No.
Clause (b) expressly refers to:
THE LAWFUL POWER OF THE PUBLIC SERVANT
The wrong lies in inducing lawful power to be used on the basis of false information.
Q18. Can lawful power be misused because of false information?
Answer:
Yes.
That is exactly what clause (b) addresses.
The power may be lawful, but its use against a person may be induced by false information.
Q19. Is actual injury necessary?
Answer:
The section is framed in terms of intention or knowledge of likely consequence.
Therefore, the focus is not limited to cases where actual injury ultimately occurs.
Q20. Must the public servant actually act on the false information?
Answer:
The wording focuses on the accused intending to cause, or knowing it likely that he will cause, the official consequence.
Actual execution of the consequence is not expressly made the only basis of liability.
Q21. Does Section 217 require the accused to name a particular victim?
Answer:
No.
Illustration (c) shows that the offence can arise even where no specific individual is named.
Q22. Why is Illustration (c) important?
Answer:
Because it shows that liability can arise where false information is likely to cause official enquiries or searches that annoy a group of people, even though no particular person is identified as the offender.
Q23. What happens in Illustration (a)?
Answer:
A falsely tells a Magistrate that Z, a subordinate police officer, has neglected duty or committed misconduct.
A knows the information is false and knows it is likely to cause Z’s dismissal.
A commits the offence under Section 217.
Q24. What principle does Illustration (a) show?
Answer:
It shows that false information intended or likely to cause an adverse official action against another person falls within the section.
Memory
FALSE COMPLAINT → DISMISSAL
Q25. What happens in Illustration (b)?
Answer:
A falsely tells a public servant that Z has contraband salt hidden at a secret place.
A knows this is false and knows it is likely that Z’s premises will be searched, causing annoyance to Z.
A commits the offence.
Q26. What principle does Illustration (b) show?
Answer:
It shows the operation of clause (b):
FALSE INFORMATION → LAWFUL SEARCH POWER → ANNOYANCE
Q27. What happens in Illustration (c)?
Answer:
A falsely tells a policeman that he was assaulted and robbed near a particular village.
He names no specific assailant, but knows that the false report is likely to lead to enquiries and searches in the village, causing annoyance to villagers.
A commits an offence under Section 217.
Q28. What principle does Illustration (c) establish?
Answer:
It shows that:
- A specific victim need not always be named;
- False information may affect a class or group;
- Likely official searches or enquiries causing annoyance may be sufficient.
Q29. Is actual dismissal necessary in Illustration (a)?
Answer:
No.
The important element is that A gives false information knowing it is likely to cause that official consequence.
Q30. Is an actual search necessary in Illustration (b)?
Answer:
The illustration emphasises knowledge that a search is likely to follow.
The statutory focus is therefore on intended or likely official consequence.
Q31. Is actual annoyance expressly required in every case?
Answer:
No.
The section also covers intended or likely official consequences under clause (a), and clause (b) focuses on use of lawful power to injury or annoyance.
Q32. What does “injury or annoyance” signify?
Answer:
It indicates that the false information may expose another person to adverse official action, inconvenience, interference, or other harmful official consequences.
Q33. Must the accused personally benefit?
Answer:
No.
No personal gain is required.
Q34. Is financial motive necessary?
Answer:
No.
The section does not require financial motive.
Q35. Is malice expressly required?
Answer:
No.
The required mental states are:
- Knowledge or belief that the information is false; and
- Intention or knowledge of likely official consequence.
Q36. Is dishonesty expressly required?
Answer:
No.
The word “dishonestly” does not appear in the supplied provision.
Q37. Is fraudulent intention expressly required?
Answer:
No.
The statutory mental elements are specifically stated and should be remembered in their exact form.
Q38. Does the section require a written complaint?
Answer:
No.
The provision refers generally to giving information.
It does not expressly require writing.
Q39. Can oral false information fall within Section 217?
Answer:
Yes, provided the statutory ingredients are satisfied.
Q40. Must the public servant believe the false information?
Answer:
The section does not expressly require proof that the public servant actually believed it.
The focus is on the false information and the accused’s intended or likely consequence.
Q41. Must the public servant actually possess lawful power to act?
Answer:
For clause (b), yes.
The provision specifically refers to:
THE LAWFUL POWER OF SUCH PUBLIC SERVANT
Q42. What if the information cannot possibly cause any official consequence?
Answer:
Then the required intention or likelihood element may be difficult to establish.
Section 217 connects the false information to a specified official consequence.
Q43. What if a person gives false information merely as a joke?
Answer:
The question is whether he intends, or knows it is likely, to produce one of the prohibited official consequences.
Without that mental element, Section 217 is not established merely by falsity.
Q44. What if a person gives false information to cause an investigation?
Answer:
If the person knows or believes the information is false and intends or knows it is likely to cause wrongful official action or lawful power to be used to another’s injury or annoyance, Section 217 may apply.
Q45. Is it necessary that a criminal case be instituted?
Answer:
No.
The provision is wider than false information leading only to criminal prosecution.
The official consequence may include:
- Dismissal;
- Search;
- Inquiry;
- Other official action or omission.
Q46. Does Section 217 apply only to police officers?
Answer:
No.
It applies to false information given to:
ANY PUBLIC SERVANT
provided the other statutory ingredients are satisfied.
Q47. Does Section 217 protect only individuals?
Answer:
No.
Illustration (c) shows that the likely annoyance may affect villagers or some of them.
Q48. What is the punishment under Section 217?
Answer:
The punishment is:
IMPRISONMENT OF EITHER DESCRIPTION UP TO 1 YEAR
or
FINE UP TO ₹10,000
or
BOTH
Q49. Can imprisonment be simple or rigorous?
Answer:
Yes.
The section provides:
IMPRISONMENT OF EITHER DESCRIPTION
Q50. What is the maximum imprisonment?
Answer:
1 YEAR
Q51. What is the maximum fine?
Answer:
₹10,000
Q52. Is there a minimum sentence?
Answer:
No minimum sentence is stated in the supplied provision.
Q53. What is the classification of Section 217?
Answer:
According to the supplied classification:
NON-COGNIZABLE
BAILABLE
ANY MAGISTRATE
Q54. Is Section 217 cognizable?
Answer:
No.
NON-COGNIZABLE
Q55. Is Section 217 bailable?
Answer:
Yes.
BAILABLE
Q56. Which Court may try the offence?
Answer:
According to the supplied material:
ANY MAGISTRATE
Q57. What is the easiest classification memory?
Answer:
217 = NC + B + ANY MAGISTRATE
Q58. What is the easiest substantive memory?
Answer:
“LIE TO A PUBLIC SERVANT SO HE USES OFFICIAL POWER AGAINST SOMEONE = SECTION 217.”
Q59. How does Section 217 differ from Section 218?
Answer:
Section 217
The offender:
GIVES FALSE INFORMATION TO PUBLIC SERVANT
to cause improper official action or injury/annoyance.
Section 218
The offender:
RESISTS LAWFUL TAKING OF PROPERTY
by public authority.
Memory
217 = FALSE INFORMATION
218 = RESIST PROPERTY TAKING
Q60. What is the conceptual difference between Sections 217 and 221?
Answer:
Section 217
The accused manipulates a public servant by:
FALSE INFORMATION
Section 221
The accused interferes with a public servant by:
VOLUNTARY OBSTRUCTION
Memory
217 = MISLEAD
221 = OBSTRUCT
Q61. How does Section 217 differ from Section 240?
Answer:
This is an important distinction.
Section 217
Concerned with false information given to a public servant with intention or knowledge that it is likely to cause wrongful official action or lawful power to be used to injury or annoyance.
Section 240
Concerned with false information respecting an offence already committed, where the accused knows or has reason to believe the offence has been committed and knows or believes the information to be false.
Memory
217 = FALSE INFO TO TRIGGER OFFICIAL POWER AGAINST SOMEONE
240 = FALSE INFO ABOUT AN OFFENCE ALREADY COMMITTED
Q62. Is Section 217 the same as false evidence under Section 227?
Answer:
No.
Section 217
Deals with false information given to a public servant for the prohibited official consequence.
Section 227
Deals with giving false evidence where a person is legally bound to state the truth by oath, express law, or legal declaration.
Memory
217 = FALSE INFORMATION
227 = FALSE EVIDENCE
Q63. What is the easiest problem-question test?
Answer:
Ask:
- Was information given to a public servant?
- Was the information false?
- Did the accused know or believe it was false?
- Did he intend, or know it likely, that the information would cause:
- Wrong official act/omission; or
- Use of lawful official power to injury or annoyance?
If yes:
SECTION 217 MAY APPLY
Key Provisions (Study Notes)
1. Recipient
The information must be given to:
A PUBLIC SERVANT
2. Nature of Information
The information must be:
FALSE
3. Mens Rea as to Falsity
The accused must:
KNOW OR BELIEVE IT TO BE FALSE
4. Further Mens Rea
The accused must:
INTEND
or
KNOW IT TO BE LIKELY
that the false information will produce the prohibited official consequence.
5. Clause (a)
The false information causes or is likely to cause the public servant:
TO DO OR OMIT WHAT HE OUGHT NOT TO DO OR OMIT IF TRUE FACTS WERE KNOWN
6. Clause (b)
The false information causes or is likely to cause the public servant:
TO USE LAWFUL POWER TO THE INJURY OR ANNOYANCE OF ANY PERSON
Illustrations — Study Notes
Illustration (a): False Misconduct Complaint
A falsely accuses police officer Z of neglect or misconduct before a Magistrate.
Likely consequence:
DISMISSAL
Lesson
FALSE INFORMATION → ADVERSE OFFICIAL ACTION
Illustration (b): False Contraband Information
A falsely says Z is hiding contraband salt.
Likely consequence:
SEARCH OF Z’S PREMISES
causing annoyance.
Lesson
FALSE INFORMATION → LAWFUL SEARCH POWER → ANNOYANCE
Illustration (c): False Robbery Report
A falsely reports robbery near a village without naming any assailant.
Likely consequence:
POLICE ENQUIRIES AND SEARCHES
causing annoyance to villagers.
Lesson
A SPECIFIC INDIVIDUAL NEED NOT ALWAYS BE NAMED
Essential Ingredients — Rapid Recall
FALSE INFORMATION
+
PUBLIC SERVANT
+
KNOWLEDGE/BELIEF OF FALSEHOOD
+
INTENT OR KNOWLEDGE OF LIKELY OFFICIAL CONSEQUENCE
+
either
WRONG OFFICIAL ACT/OMISSION
or
LAWFUL POWER USED TO INJURY/ANNOYANCE
= SECTION 217
Punishment Notes
Section 217 provides:
IMPRISONMENT OF EITHER DESCRIPTION UP TO 1 YEAR
or
FINE UP TO ₹10,000
or
BOTH
Classification Notes
According to the supplied material:
NON-COGNIZABLE
BAILABLE
ANY MAGISTRATE
IPC Equivalent and BNS Changes
According to the supplied comments:
Section 217 BNS = Section 182 IPC
The language remains unchanged.
However:
IMPRISONMENT: 6 MONTHS → 1 YEAR
FINE: ₹1,000 → ₹10,000
Section 217 vs Section 218
Section 217
FALSE INFORMATION TO PUBLIC SERVANT
Section 218
RESIST LAWFUL TAKING OF PROPERTY
Memory
217 = MISLEAD PUBLIC SERVANT
218 = RESIST PUBLIC SERVANT
Section 217 vs Section 240
Section 217
Focus:
FALSE INFORMATION USED TO CAUSE OFFICIAL ACTION AGAINST ANOTHER
Section 240
Focus:
FALSE INFORMATION RESPECTING AN OFFENCE ALREADY COMMITTED
Best Distinction
217 = TRIGGER PUBLIC POWER
240 = LIE ABOUT COMMITTED OFFENCE
Section 217 vs Section 227
217
FALSE INFORMATION
No oath or special legal duty to speak truth is expressly required in the same way.
227
FALSE EVIDENCE
Requires legal obligation to state truth by oath, express law, or legal declaration.
Memory
217 = MISLEAD OFFICIAL
227 = LIE WHILE LEGALLY BOUND TO SPEAK TRUTH
Quick Revision Notes
Section
217 BNS
Title
False information, with intent to cause public servant to use his lawful power to injury of another person
IPC Equivalent
Section 182 IPC
Act
Giving false information.
Recipient
Public servant.
Mens Rea as to Falsity
Knows or believes false.
Further Mens Rea
Intends or knows likely to cause prohibited official consequence.
Clause (a)
Cause public servant to do/omit what he ought not to do/omit if true facts were known.
Clause (b)
Cause public servant to use lawful power to injury or annoyance of another.
Actual Harm Required?
Not expressly as the sole basis; intention or likelihood is central.
Punishment
Either description up to 1 year / fine up to ₹10,000 / both.
Classification
Non-Cognizable + Bailable + Any Magistrate
BNS Changes
6 months → 1 year; ₹1,000 → ₹10,000.
Exam Traps
Trap 1 — Thinking every false statement is Section 217
Incorrect.
The false information must be given to:
A PUBLIC SERVANT
and must be connected with the specified intended or likely official consequence.
Trap 2 — Forgetting knowledge of falsity
The accused must:
KNOW OR BELIEVE THE INFORMATION TO BE FALSE
Trap 3 — Requiring actual harm in every case
The statute focuses on intention or knowledge of likely consequence.
Trap 4 — Thinking the official power must be unlawful
Incorrect.
Clause (b) expressly refers to:
LAWFUL POWER
The manipulation lies in causing that lawful power to be used against another through false information.
Trap 5 — Thinking a particular victim must always be named
Incorrect.
Illustration (c) shows that villagers may be affected even though no specific assailant is named.
Trap 6 — Requiring a criminal prosecution
Incorrect.
Possible consequences include:
- Dismissal;
- Search;
- Enquiry;
- Other official action.
Trap 7 — Confusing Section 217 with Section 240
217 = FALSE INFO TO SET OFFICIAL POWER IN MOTION
240 = FALSE INFO ABOUT AN OFFENCE ALREADY COMMITTED
Trap 8 — Confusing Section 217 with Section 227
217 = FALSE INFORMATION
227 = FALSE EVIDENCE
Trap 9 — Forgetting both mental elements
Remember:
- Know/believe information false; and
- Intend/know likely official consequence.
Trap 10 — Forgetting the BNS punishment increase
6 MONTHS → 1 YEAR
₹1,000 → ₹10,000
Rapid Revision Link: Sections 217–227
217 = FALSE INFORMATION TO MISUSE 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
MISLEAD → RESIST → BLOCK SALE → BAD BID → BLOCK SERVANT → REFUSE HELP → DISOBEY → THREAT → BLOCK PROTECTION → COERCE → FALSE EVIDENCE
Ultimate Memory Formula
SECTION 217
FALSE INFORMATION
+
PUBLIC SERVANT
+
KNOW/BELIEVE FALSE
+
INTEND OR KNOW LIKELY CONSEQUENCE
+
either
WRONG OFFICIAL ACT/OMISSION
or
LAWFUL POWER USED TO INJURY/ANNOYANCE
= SECTION 217
Punishment
1 YEAR / ₹10,000 / BOTH
Classification
NC + B + ANY MAGISTRATE
Key Takeaway
Section 217 BNS punishes a person who knowingly or believingly gives false information to a public servant in order to manipulate official action.
The false information must be intended, or known to be likely, to cause the public servant either:
- To do or omit something which he ought not to do or omit if the true facts were known; or
- To use lawful official power to the injury or annoyance of another person.
According to the supplied comments:
Section 217 BNS = Section 182 IPC
The language remains unchanged, but the punishment has been increased:
6 MONTHS → 1 YEAR
₹1,000 → ₹10,000
The offence is:
Non-Cognizable + Bailable + Triable by Any Magistrate
Final Memory Line
“217 = KNOWINGLY GIVE FALSE INFORMATION TO MAKE A PUBLIC SERVANT USE OFFICIAL POWER AGAINST SOMEONE.”
