- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 240: Giving False Information Respecting an Offence Committed
Introduction
Section 240 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who, knowing or having reason to believe that an offence has been committed, gives information concerning that offence which he knows or believes to be false.
The section is aimed at preventing deliberate misinformation concerning an actual offence. It does not require that the person be under a legal duty to give the information. According to the supplied comments, even a person who voluntarily gives misleading information can fall within the provision.
The central idea is:
ACTUAL OFFENCE + KNOWLEDGE/REASON TO BELIEVE + FALSE INFORMATION ABOUT IT + KNOWLEDGE/BELIEF OF FALSEHOOD = SECTION 240
Q1. What does Section 240 punish?
Answer:
Section 240 punishes a person who:
- Knows or has reason to believe that an offence has been committed;
- Gives information respecting that offence; and
- Knows or believes that the information given is false.
Q2. What is the object of Section 240?
Answer:
The object is to protect the administration of criminal justice from deliberate misinformation.
False information about an offence may:
- Mislead investigators;
- Divert suspicion;
- Waste official resources;
- Protect the real offender;
- Implicate an innocent person;
- Distort the course of investigation.
Core Principle
A PERSON WHO KNOWINGLY GIVES FALSE INFORMATION ABOUT AN ACTUAL OFFENCE MAY BE PUNISHED
Q3. Which IPC provision corresponds to Section 240 BNS?
Answer:
According to the supplied comments:
Section 240 BNS = Section 203 IPC
Q4. Has the substance of the provision changed under BNS?
Answer:
According to the supplied comments:
- The language remains unchanged;
- The references to IPC sections in the Explanation have been replaced by the corresponding BNS sections.
Thus, the principal change identified is the statutory cross-reference update.
Q5. Who can commit the offence?
Answer:
The provision begins with:
“Whoever”
Therefore, it is a general offence.
No special official status is required.
Q6. Must the accused be legally bound to give information?
Answer:
According to the supplied comments, no.
A person may fall within Section 240 even though he is not under a legal duty to give information.
What matters is that he voluntarily gives information respecting an offence and knows or believes that the information is false.
Q7. What are the essential ingredients of Section 240?
Answer:
The essential ingredients are:
- An offence has actually been committed;
- The accused knows or has reason to believe that it has been committed;
- The accused gives information concerning that offence;
- The information is false;
- The accused knows or believes that it is false.
Formula
OFFENCE COMMITTED + KNOWLEDGE/REASON TO BELIEVE + INFORMATION + FALSEHOOD + KNOWLEDGE/BELIEF OF FALSEHOOD = 240
Q8. Must an offence actually have been committed?
Answer:
Yes.
According to the supplied comments, one of the essential ingredients is:
AN OFFENCE WAS COMMITTED
Section 240 is therefore concerned with false information respecting an actual offence.
Q9. Why is the existence of an actual offence important?
Answer:
Because the wording begins with the person:
“knowing or having reason to believe that an offence has been committed”
The section is therefore structured around misinformation concerning an offence that has in fact occurred.
Q10. What is the first mental element under Section 240?
Answer:
The accused must:
KNOW
or
HAVE REASON TO BELIEVE
that an offence has been committed.
Q11. Is actual personal knowledge of the offence always necessary?
Answer:
No.
The provision also covers a person who:
HAS REASON TO BELIEVE
that the offence has been committed.
Thus, direct knowledge is not the only route.
Q12. What does “reason to believe” add to the section?
Answer:
It broadens the provision beyond cases of direct knowledge.
A person may not personally witness the offence but may possess circumstances giving him reason to believe that it has occurred.
Q13. What is the second mental element?
Answer:
The accused must know or believe that the information he gives is false.
Memory
There are two separate knowledge stages:
KNOW/REASON TO BELIEVE OFFENCE OCCURRED
and
KNOW/BELIEVE INFORMATION IS FALSE
Q14. Why are these two mental elements important?
Answer:
Because Section 240 does not punish innocent error.
The accused must have the required awareness:
- About the occurrence of the offence; and
- About the falsity of the information he supplies.
Q15. What does “gives any information” mean?
Answer:
According to the supplied comments, the expression refers to voluntarily providing information or making an affirmative statement.
The section therefore requires a positive act of giving information.
Q16. Is mere silence the same as giving false information?
Answer:
Not merely under the wording supplied.
Section 240 refers to a person who:
“gives any information”
According to the supplied comments, this means voluntarily providing information or making an affirmative remark.
Mere silence is different from positively giving false information.
Q17. Is an affirmative false statement sufficient?
Answer:
Potentially, yes, if all other ingredients are present.
The person must knowingly or believingly give false information concerning an offence which he knows or has reason to believe has been committed.
Q18. Must the information directly concern the offence?
Answer:
Yes.
The wording requires information:
“respecting that offence”
There must therefore be a connection between the information given and the offence committed.
Q19. What kinds of false information may be covered?
Answer:
The provision is broad enough to cover false information about matters such as:
- Identity of the offender;
- Manner in which the offence occurred;
- Place of occurrence;
- Time of occurrence;
- Property involved;
- Presence or absence of persons;
- Events connected with the offence.
The key is that the information concerns the offence and is knowingly or believed to be false.
Q20. Give a simple example involving false identity of an offender.
Answer:
Suppose A knows that B committed an offence.
A tells authorities that C committed it, while knowing that this is false.
Section 240 may apply.
Q21. Give an example involving false location.
Answer:
Suppose A knows that an offence took place at location X but deliberately tells investigators that it occurred at location Y.
If A knows the information is false, Section 240 may apply.
Q22. Give an example involving false circumstances.
Answer:
Suppose A knows that property was stolen during an offence but falsely states that the property was voluntarily handed over.
If the information concerns the offence and A knows it is false, Section 240 may apply.
Q23. Must the false information succeed in misleading the authorities?
Answer:
No such requirement appears in the supplied text.
The offence focuses on the giving of false information with the required knowledge or belief.
Q24. Must an investigation actually be diverted?
Answer:
No.
Actual diversion of investigation is not expressly required.
The giving of knowingly false information respecting the offence is the central act.
Q25. Must an innocent person actually be arrested?
Answer:
No.
Section 240 does not expressly require arrest, prosecution, or harm to an innocent person.
Q26. Must the real offender escape punishment?
Answer:
No.
The section does not expressly require the real offender to escape.
The offence is complete upon the giving of false information with the necessary knowledge or belief, assuming the other ingredients are established.
Q27. Is an intention to screen the offender expressly required?
Answer:
No.
Section 240 does not expressly require an intention to screen the offender.
Its wording focuses on knowingly giving false information respecting an offence.
This distinguishes it from provisions that specifically require an intention to screen an offender from punishment.
Q28. Is dishonest intention expressly required?
Answer:
No.
The section does not use the word:
“dishonestly”
The relevant mental element is knowledge or belief regarding the falsity of the information.
Q29. Is fraudulent intention expressly required?
Answer:
No.
The section does not use the word:
“fraudulently”
Again, the key requirement is knowingly or believingly giving false information.
Q30. Is malicious intention expressly required?
Answer:
No.
The statutory text does not expressly require malice.
Q31. Is financial gain necessary?
Answer:
No.
Nothing in the supplied wording requires the accused to obtain money or property.
Q32. Is actual injury necessary?
Answer:
No.
Actual injury to another person is not expressly required.
Q33. What if a person gives incorrect information honestly believing it to be true?
Answer:
Section 240 would not be attracted merely because the information turns out to be wrong.
The person must:
KNOW OR BELIEVE THE INFORMATION TO BE FALSE
An honest mistake is therefore materially different.
Q34. What if the person is uncertain whether the information is true?
Answer:
The prosecution would still have to establish the statutory mental element.
The section requires that the accused:
KNOWS OR BELIEVES
the information to be false.
Mere uncertainty is not identical to knowledge or belief of falsity.
Q35. What if a person repeats a rumour without knowing it is false?
Answer:
Merely repeating information that later proves false would not automatically satisfy Section 240.
The prosecution must establish that the person knew or believed the information was false.
Q36. Does Section 240 apply only to information given to police?
Answer:
The supplied wording does not expressly limit the section to police.
It broadly refers to a person who gives false information respecting the offence.
For purposes of applying the section, the statutory context and recipient of the information would have to be considered, but the supplied text itself does not say “police only.”
Q37. Does Section 240 require a written statement?
Answer:
No.
The provision refers generally to giving information.
According to the supplied comments, this includes voluntarily providing information or making an affirmative remark.
Thus, the section is not limited on its face to written information.
Q38. Can oral information be covered?
Answer:
Yes, according to the supplied explanation of “giving information,” an affirmative oral statement may potentially be covered.
Q39. Can written information be covered?
Answer:
Yes.
Nothing in the supplied wording excludes written information.
Q40. What is the importance of the word “false”?
Answer:
The information itself must be false, and the accused must know or believe that it is false.
Thus, both:
OBJECTIVE FALSEHOOD
and
SUBJECTIVE AWARENESS OF FALSEHOOD
are important.
Q41. Is a misleading half-truth automatically covered?
Answer:
That would depend on whether the information given can properly be treated as false and whether the accused knew or believed it to be false.
Section 240 is framed around false information, not merely incomplete information as such.
Q42. Is omission of certain facts the same as giving false information?
Answer:
Not automatically.
According to the supplied comments, “giving information” involves a voluntary affirmative communication.
A mere omission is not necessarily the same as positively giving false information.
Q43. What does the Explanation to Section 240 do?
Answer:
The Explanation expands the meaning of:
“OFFENCE”
for Sections:
238, 239 and 240
to include certain acts committed outside India.
Q44. Does every act committed outside India count as an “offence” under the Explanation?
Answer:
No.
The Explanation is limited to acts which:
- Are committed outside India; and
- Would, if committed in India, be punishable under the specifically listed BNS provisions.
Q45. Which BNS provisions are listed in the Explanation?
Answer:
The supplied text lists:
- 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 are the cross-references expressly supplied in the Explanation.
Q46. Why is the Explanation important?
Answer:
It means Section 240 is not confined absolutely to offences physically committed within India.
Certain specified acts committed outside India are treated as “offences” for purposes of Sections 238, 239, and 240 if they would be punishable under the listed BNS provisions if committed in India.
Q47. Does the Explanation apply only to Section 240?
Answer:
No.
The supplied wording expressly states that it applies in:
Sections 238, 239 and 240
Q48. What is the punishment under Section 240?
Answer:
The offender may be punished with:
- Imprisonment of either description up to 2 years; or
- Fine; or
- Both.
Q49. What does “imprisonment of either description” mean?
Answer:
It means:
- Simple imprisonment; or
- Rigorous imprisonment.
Q50. What is the maximum term of imprisonment?
Answer:
2 years
Q51. Is a specific maximum fine stated?
Answer:
No.
The supplied text provides for:
FINE
without specifying a monetary ceiling.
Q52. What is the classification of Section 240?
Answer:
According to the supplied classification:
- Non-Cognizable
- Bailable
- Any Magistrate
Memory
NC + B + ANY MAGISTRATE
Q53. Is Section 240 cognizable?
Answer:
No.
It is:
NON-COGNIZABLE
Q54. Is Section 240 bailable?
Answer:
Yes.
It is:
BAILABLE
Q55. Which Court may try the offence?
Answer:
According to the supplied classification:
ANY MAGISTRATE
Q56. What is the easiest problem-question test for Section 240?
Answer:
Ask:
- Was an offence actually committed?
- Did the accused know or have reason to believe that it was committed?
- Did the accused give information concerning that offence?
- Was that information false?
- Did the accused know or believe that it was false?
If these ingredients are established, Section 240 becomes relevant.
Q57. What are the two key knowledge stages?
Answer:
Stage 1
Knowledge or reason to believe:
AN OFFENCE HAS BEEN COMMITTED
Stage 2
Knowledge or belief:
THE INFORMATION GIVEN IS FALSE
Memory
KNOW THE OFFENCE – KNOW THE LIE
Q58. How does Section 240 differ from Section 241?
Answer:
Section 240
The accused gives:
FALSE INFORMATION ABOUT AN OFFENCE
Section 241
The accused:
HIDES, DESTROYS, OBLITERATES OR RENDERS ILLEGIBLE DOCUMENTARY/ELECTRONIC EVIDENCE
Memory
240 = FALSE INFORMATION
241 = DESTROY EVIDENCE
Q59. How does Section 240 differ from Section 242?
Answer:
Section 240
False information concerning an offence.
Section 242
False personation in a suit or criminal prosecution.
Memory
240 = FALSE STORY
242 = FALSE IDENTITY
Q60. How does Section 240 differ from Section 248?
Answer:
Section 240
The person gives false information concerning an offence which has been committed, knowing or believing the information to be false.
Section 248
The person institutes or causes a criminal proceeding, or falsely charges someone with an offence, with intent to injure and knowing there is no just or lawful ground.
Core Distinction
240 = FALSE INFORMATION ABOUT AN ACTUAL OFFENCE
248 = FALSE CRIMINAL PROCEEDING OR FALSE CHARGE
Q61. Is a false accusation automatically Section 240?
Answer:
Not necessarily.
A false accusation may raise different provisions depending on its nature and legal effect.
Section 240 specifically requires false information respecting an offence actually committed, combined with the required knowledge or belief.
Q62. What is the shortest memory formula for Section 240?
Answer:
“KNOW AN OFFENCE HAPPENED + KNOWINGLY GIVE FALSE INFORMATION ABOUT IT = 240.”
Key Provisions (Study Notes)
1. Actual Offence
There must be:
AN OFFENCE COMMITTED
This is the factual foundation of the section.
2. First Mental Element
The accused must:
KNOW OR HAVE REASON TO BELIEVE
that the offence has been committed.
3. Positive Act
The accused must:
GIVE INFORMATION
According to the supplied comments, this means a voluntary affirmative communication.
4. Connection
The information must be:
RESPECTING THAT OFFENCE
5. Falsehood
The information must be:
FALSE
6. Second Mental Element
The accused must:
KNOW OR BELIEVE
that the information is false.
Essential Ingredients — Rapid Recall
OFFENCE ACTUALLY COMMITTED
+
KNOW / REASON TO BELIEVE
+
GIVE INFORMATION ABOUT THAT OFFENCE
+
INFORMATION FALSE
+
KNOW / BELIEVE IT IS FALSE
= SECTION 240
Explanation — Foreign Acts
For Sections 238, 239 and 240, the term “offence” also includes certain specified acts committed outside India if those acts would, if committed in India, be punishable under the BNS provisions expressly listed in the Explanation.
Memory
238 – 239 – 240 SHARE THE EXPLANATION
The foreign act must correspond to one of the specifically enumerated BNS provisions.
Punishment Notes
Section 240 provides:
IMPRISONMENT OF EITHER DESCRIPTION UP TO 2 YEARS
or:
FINE
or:
BOTH
Classification Notes
According to the supplied material:
NON-COGNIZABLE
BAILABLE
ANY MAGISTRATE
Memory
NC + B + ANY MAGISTRATE
IPC Equivalent and BNS Position
According to the supplied comments:
Section 240 BNS = Section 203 IPC
The language remains unchanged.
The principal stated BNS adjustment is that the IPC section references appearing in the Explanation have been replaced by the corresponding BNS section numbers.
Quick Revision Notes
Section
240 BNS
Title
Giving false information respecting an offence committed
IPC Equivalent
Section 203 IPC
First Requirement
An offence has actually been committed.
Knowledge
Accused knows or has reason to believe the offence was committed.
Act
Gives information respecting that offence.
Falsehood
Information is false.
Mental Element Regarding Falsehood
Accused knows or believes it to be false.
Legal Duty to Inform
According to the supplied comments, not essential.
Punishment
Up to 2 years / fine / both
Classification
Non-Cognizable + Bailable + Any Magistrate
BNS Change
Corresponding BNS cross-references substituted in the Explanation.
Exam Traps
Trap 1 — Forgetting that an offence must actually have been committed
Section 240 is built around:
AN ACTUAL OFFENCE
Trap 2 — Confusing knowledge of the offence with knowledge of falsehood
Both must be separately remembered:
KNOW OFFENCE OCCURRED
and
KNOW/BELIEVE INFORMATION IS FALSE
Trap 3 — Thinking legal duty to inform is essential
According to the supplied comments, Section 240 can apply even where the person was not legally bound to give the information.
Trap 4 — Treating mere silence as identical to false information
The supplied comments explain “giving information” as a voluntary affirmative communication.
Trap 5 — Treating an honest mistake as an offence
Incorrect.
The accused must know or believe the information to be false.
Trap 6 — Requiring dishonest or fraudulent intention
Those words are not expressly used in Section 240.
The controlling mental element is:
KNOWLEDGE OR BELIEF OF FALSEHOOD
Trap 7 — Requiring actual diversion of investigation
Not expressly required.
Trap 8 — Requiring actual harm to an innocent person
Not expressly required.
Trap 9 — Requiring the real offender to escape
Not expressly required.
Trap 10 — Forgetting the foreign-offence Explanation
For specified acts committed outside India, the Explanation may bring them within the meaning of “offence” for Sections 238–240.
Trap 11 — Treating every foreign offence as covered
Incorrect.
Only the specified acts corresponding to the BNS provisions listed in the Explanation are covered.
Trap 12 — Confusing Section 240 with Section 241
Remember:
240 = FALSE INFORMATION
241 = DESTROY EVIDENCE
Rapid Revision Chain: Sections 240–248
240 = FALSE INFORMATION
241 = DESTROY EVIDENCE
242 = FALSE PERSONATION
243 = HIDE PROPERTY
244 = FALSE PROPERTY CLAIM
245 = SUFFER FALSE DECREE
246 = FALSE COURT CLAIM
247 = OBTAIN FALSE DECREE
248 = FALSE CRIMINAL CHARGE
Expanded:
240 = LIE ABOUT AN ACTUAL OFFENCE
241 = HIDE/DESTROY DOCUMENT OR E-RECORD
242 = USE FALSE IDENTITY IN LEGAL PROCEEDING
243 = MOVE/HIDE PROPERTY TO BLOCK SEIZURE
244 = FALSELY CLAIM PROPERTY TO BLOCK SEIZURE
245 = ALLOW FALSE DECREE AGAINST SELF
246 = MAKE FALSE CLAIM IN COURT
247 = OBTAIN FALSE DECREE AGAINST ANOTHER
248 = MAKE FALSE CRIMINAL CHARGE
Best Nine-Section Memory Sequence
240 = INFORM FALSELY
241 = DESTROY
242 = PERSONATE
243 = REMOVE PROPERTY
244 = CLAIM PROPERTY
245 = SUFFER DECREE
246 = CLAIM IN COURT
247 = OBTAIN DECREE
248 = ACCUSE
Ultimate Memory Formula
SECTION 240
AN OFFENCE HAS BEEN COMMITTED
+
ACCUSED KNOWS / HAS REASON TO BELIEVE IT
+
GIVES INFORMATION RESPECTING THAT OFFENCE
+
INFORMATION IS FALSE
+
ACCUSED KNOWS / BELIEVES IT IS FALSE
= SECTION 240
Key Takeaway
Section 240 BNS criminalises the deliberate giving of false information concerning an offence which has actually been committed.
The prosecution must establish:
ACTUAL OFFENCE
KNOWLEDGE OR REASON TO BELIEVE OF ITS COMMISSION
GIVING INFORMATION ABOUT IT
FALSEHOOD
KNOWLEDGE OR BELIEF OF FALSEHOOD
According to the supplied comments, the person need not be under a legal duty to provide the information; voluntary provision of knowingly false information may suffice.
The punishment is:
Up to 2 years / fine / both
The offence is:
Non-Cognizable + Bailable + Any Magistrate
According to the supplied comments:
Section 240 BNS = Section 203 IPC
and the substantive language remains unchanged, while the Explanation now uses the corresponding BNS cross-references.
Final Memory Line
“240 = KNOW AN OFFENCE OCCURRED + KNOWINGLY GIVE FALSE INFORMATION ABOUT THAT OFFENCE.”
