KembaraXtra - Bharatiya Nyaya Sanhita - Section 246: Dishonestly Making False Claim in Court

Introduction

Section 246 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who makes a claim in Court which he knows to be false, where the claim is made:

Fraudulently; or

Dishonestly; or

With intent to injure another person; or

With intent to annoy another person.

The section is therefore directed against the deliberate misuse of judicial proceedings through knowingly false claims.

Its essential focus is not merely that a claim ultimately fails. The accused must know that the claim is false, and must make it with one of the specified wrongful mental states.

Basic Formula

CLAIM IN COURT + KNOWLEDGE THAT CLAIM IS FALSE + FRAUDULENTLY / DISHONESTLY / INTENT TO INJURE OR ANNOY = SECTION 246

Q1. What does Section 246 provide?

Answer:

Section 246 applies where a person:

Makes a claim;

Makes that claim in a Court;

Knows that the claim is false; and

Makes it:

Fraudulently; or

Dishonestly; or

With intent to injure any person; or

With intent to annoy any person.

Q2. What is the object of Section 246?

Answer:

The object is to protect the judicial process from persons who knowingly place false claims before a Court for improper purposes.

It seeks to prevent:

Fraudulent litigation;

Dishonest claims;

Deliberate harassment through Court proceedings;

False claims intended to injure another person;

False claims intended merely to annoy another person.

Core Principle

A person cannot knowingly use a false Court claim as an instrument of fraud, dishonesty, injury, or harassment.

Q3. Which IPC provision corresponds to Section 246 BNS?

Answer:

According to the supplied comments:

Section 246 BNS = Section 209 IPC

Q4. Has Section 246 changed under BNS?

Answer:

According to the supplied comments, the substantive language remains unchanged.

The principal drafting change is:

“Court of Justice” → “Court”

Q5. Who can commit the offence under Section 246?

Answer:

The section begins with:

“Whoever”

Therefore, it is a general offence.

No special official or professional status is required.

Q6. What are the essential ingredients of Section 246?

Answer:

The main ingredients are:

The accused makes a claim;

The claim is made in a Court;

The accused knows the claim is false;

The accused makes the false claim:

Fraudulently; or

Dishonestly; or

With intent to injure; or

With intent to annoy.

Formula

COURT + FALSE CLAIM + KNOWLEDGE + WRONGFUL MENTAL STATE = 246

Q7. Is every unsuccessful claim punishable under Section 246?

Answer:

No.

A claim may fail for many innocent reasons, such as:

Insufficient evidence;

Mistaken interpretation of law;

Genuine factual dispute;

Failure to prove entitlement.

Section 246 requires something more:

Knowledge that the claim is false

plus one of the specified wrongful purposes or mental states.

Q8. Is every incorrect claim punishable?

Answer:

No.

The claim must be one which the person:

Knows to be false

An honestly mistaken claim does not automatically satisfy the section.

Q9. What is the central knowledge requirement?

Answer:

The accused must know:

The claim is false

This is one of the most important ingredients.

Q10. Is negligence sufficient?

Answer:

No.

Negligently making an inaccurate claim is not the same as knowingly making a false claim.

Q11. Is recklessness expressly enough?

Answer:

The supplied wording specifically requires that the person:

“knows to be false”

Therefore, the statutory focus is knowledge.

Q12. Must the entire claim be false?

Answer:

The section refers to:

“any claim which he knows to be false”

The precise factual question would be whether the claim placed before the Court is knowingly false.

A claim should not be treated as criminal merely because one disputed component is later rejected unless the statutory requirements are established.

Q13. Must the claim be made in a Court?

Answer:

Yes.

The provision expressly requires that the false claim be made:

“in a Court”

This is a central ingredient.

Q14. Would a false private demand outside Court automatically fall within Section 246?

Answer:

No.

Section 246 specifically concerns a false claim made in Court.

A false demand made only privately would have to be considered under any other applicable provision, not Section 246 merely on that basis.

Q15. What does “claim” mean for study purposes?

Answer:

In this context, a claim refers to an assertion before the Court seeking some legal recognition, remedy, right, money, property, relief, or other judicial determination.

Q16. Must the claim concern money?

Answer:

No.

The section does not restrict itself to monetary claims.

It refers broadly to:

“any claim”

Q17. Can a claim relating to property be covered?

Answer:

Yes.

If a person knowingly advances a false property claim in Court with the required mental state, Section 246 may apply.

Q18. Can a claim relating to some other legal right be covered?

Answer:

Potentially yes.

The language is broad enough to cover a knowingly false claim made before a Court, subject to all statutory ingredients.

Q19. What are the four wrongful mental states mentioned in Section 246?

Answer:

The section uses four alternatives:

Fraudulently

Dishonestly

Intent to injure

Intent to annoy

Memory

F – D – I – A

FRAUD – DISHONESTY – INJURY – ANNOYANCE

Q20. Must all four mental states be proved?

Answer:

No.

The wording is alternative.

It is sufficient if the false claim is made:

Fraudulently; or

Dishonestly; or

With intent to injure; or

With intent to annoy.

Q21. What does “fraudulently” add to the section?

Answer:

It covers a knowingly false claim made as part of a fraudulent purpose or design.

The claim is not simply legally mistaken; it is deliberately used to obtain an improper advantage or produce a deceptive result.

Q22. What does “dishonestly” add?

Answer:

It brings within the section knowingly false claims made with dishonest purpose.

Again, the key distinction is between genuine litigation and deliberate misuse of Court process.

Q23. What is meant by intent to injure?

Answer:

The person may knowingly make the false claim specifically to cause injury to another person.

The section does not require that fraud or dishonesty be separately proved if the intent to injure branch is established.

Q24. What is meant by intent to annoy?

Answer:

The section expressly extends to a knowingly false claim made merely to annoy another person.

This shows that the provision protects against vexatious misuse of Court process even where the objective is harassment rather than financial gain.

Q25. Is financial gain necessary?

Answer:

No.

The intent to injure and intent to annoy branches show that the offence does not depend upon obtaining money or property.

Q26. Must actual injury occur?

Answer:

The statutory wording requires:

Intent to injure

It does not expressly require that the intended injury actually occur.

Q27. Must actual annoyance be proved?

Answer:

The section refers to:

Intent to annoy

Therefore, the focus is the intention behind making the knowingly false claim.

Q28. Can a person be liable even if the Court rejects the claim immediately?

Answer:

Yes, potentially.

The offence concerns the making of the knowingly false claim with the specified mental state.

Successful deception of the Court is not made an express ingredient.

Q29. Must the accused obtain a decree or order?

Answer:

No.

Section 246 concerns making the false claim itself.

This is an important distinction from Section 247, which deals with fraudulently obtaining or executing a decree or order.

Q30. Is success of the false claim necessary?

Answer:

No.

The provision does not require the accused to win the case.

Q31. Give a simple example of a dishonest false claim.

Answer:

Suppose A knows B owes him nothing.

A nevertheless files a Court claim seeking ₹5 lakh from B, knowing the claim is completely false and intending to obtain money dishonestly.

Section 246 may apply.

Q32. Give an example involving property.

Answer:

Suppose A knows he has no legal interest in B's land but knowingly files a false claim asserting ownership in order to obtain the property.

Section 246 may apply if the other ingredients are proved.

Q33. Give an example involving intent to injure.

Answer:

Suppose A knows he has no genuine claim against B but files a false Court case solely to damage B financially or legally.

The intent-to-injure branch may become relevant.

Q34. Give an example involving intent to annoy.

Answer:

Suppose A repeatedly initiates a knowingly false Court claim against B solely to harass and inconvenience B.

The intent-to-annoy branch may become relevant.

Q35. Give an example where Section 246 may not apply.

Answer:

Suppose A genuinely believes he has a valid claim against B based on a disputed contract.

The Court ultimately rejects A's interpretation.

The fact that A loses does not by itself prove that A knew the claim was false.

Q36. What if the claimant honestly misunderstands the law?

Answer:

An honest legal mistake is different from knowingly making a false claim.

The prosecution must establish the required knowledge and wrongful mental state.

Q37. What if two parties genuinely dispute the amount payable?

Answer:

A genuine dispute over valuation or amount does not automatically attract Section 246.

The key question remains:

Did the claimant know the claim was false?

Q38. Can a claim be exaggerated and still attract Section 246?

Answer:

If the person knowingly advances a false claim and does so fraudulently, dishonestly, or with intent to injure or annoy, the section may be relevant.

However, liability must be determined by the actual statutory ingredients rather than merely by the Court reducing the amount claimed.

Q39. Does Section 246 require a false criminal charge?

Answer:

No.

That is the subject of Section 248.

Section 246 concerns:

A false claim in Court

Section 248 concerns:

A false criminal proceeding or criminal charge

Q40. How does Section 246 differ from Section 247?

Answer:

This is an important distinction.

Section 246

Punishes knowingly making a false claim in Court.

Focus

FALSE CLAIM

Section 247

Punishes fraudulently:

Obtaining a decree or order for something not due;

Obtaining more than is due;

Obtaining property or an interest not due;

Executing a satisfied decree/order;

Permitting such conduct in one's name.

Focus

FALSE/EXCESSIVE DECREE OR FRAUDULENT EXECUTION

Memory

246 = CLAIM

247 = DECREE / EXECUTION

Q41. Must Section 246 necessarily occur before Section 247?

Answer:

Conceptually, a false claim may precede a fraudulent decree, but the two sections create distinct offences with different statutory ingredients.

Do not automatically assume that proof of one establishes the other.

Q42. What is the central mens rea difference between Sections 246 and 247?

Answer:

Section 246

The false claim must be made:

Fraudulently;

Dishonestly;

With intent to injure; or

With intent to annoy,

and the person must know the claim is false.

Section 247

The operative requirement is that the prohibited conduct is done:

Fraudulently

Memory

246 = KNOWINGLY FALSE + F/D/INJURE/ANNOY

247 = FRAUDULENT DECREE/EXECUTION

Q43. How does Section 246 differ from Section 248?

Answer:

Section 246

Knowingly false claim in Court.

Section 248

Criminal proceeding or false accusation of an offence, made with intent to injure and knowing there is no just or lawful ground.

Memory

246 = FALSE COURT CLAIM

248 = FALSE CRIMINAL CHARGE

Q44. What is the punishment under Section 246?

Answer:

The punishment is:

Imprisonment of either description up to 2 years; and

The offender shall also be liable to fine.

Q45. Is fine merely an alternative to imprisonment?

Answer:

No.

The wording provides:

“and shall also be liable to fine”

Thus, the section contemplates imprisonment together with liability to fine.

Q46. What is the maximum imprisonment?

Answer:

2 years

Q47. What does “imprisonment of either description” mean?

Answer:

It means:

Simple imprisonment; or

Rigorous imprisonment.

Q48. Is a specific maximum fine stated?

Answer:

No.

The supplied text does not specify a fixed monetary ceiling.

Q49. What is the classification of Section 246?

Answer:

According to the supplied classification:

Non-cognizable

Bailable

Magistrate of the First Class

Memory

NC + B + MFC

Q50. Is Section 246 cognizable?

Answer:

No.

It is:

Non-cognizable

Q51. Is Section 246 bailable?

Answer:

Yes.

It is:

Bailable

Q52. Which Court may try Section 246?

Answer:

According to the supplied classification:

Magistrate of the First Class

Q53. What is the easiest examination test for Section 246?

Answer:

Ask:

Was a claim made?

Was it made in Court?

Did the claimant know it was false?

Was it made:

Fraudulently;

Dishonestly;

With intent to injure; or

With intent to annoy?

If yes, Section 246 may apply.

Q54. What are the two things that must never be forgotten?

Answer:

KNOWINGLY FALSE

and

WRONGFUL PURPOSE

A false claim without knowledge, or a failed claim without wrongful purpose, is not enough.

Q55. What is the shortest memory formula?

Answer:

“KNOWINGLY FALSE COURT CLAIM + FRAUD/DISHONESTY/INJURY/ANNOYANCE = 246.”

Key Provisions (Study Notes)

1. Place

The claim must be made:

IN A COURT

2. Act

The accused:

MAKES A CLAIM

3. Knowledge

The accused:

KNOWS THE CLAIM TO BE FALSE

This separates criminal liability from genuine mistaken litigation.

4. Alternative Mental States

The claim must be made:

Fraudulently; or

Dishonestly; or

With intent to injure; or

With intent to annoy.

Memory

F – D – I – A

Best Structural Formula

COURT

+

CLAIM

+

KNOWINGLY FALSE

+

FRAUD / DISHONESTY / INJURY / ANNOYANCE

= SECTION 246

Punishment Study Notes

Section 246 provides:

Imprisonment of either description up to 2 years;

Liability to fine.

Memory

246 = 2 YEARS + FINE LIABILITY

Classification Study Notes

Section 246 is:

Non-cognizable

Bailable

Triable by Magistrate of the First Class

Memory

NC + B + MFC

IPC Equivalent and BNS Change

According to the supplied comments:

Section 246 BNS = Section 209 IPC

The substantive language remains unchanged.

The drafting change is:

“COURT OF JUSTICE” → “COURT”

Difference Between Sections 246, 247 and 248

Section 246 — False Claim

A person knowingly makes a false claim in Court with a specified wrongful mental state.

Memory

CLAIM

Section 247 — False Decree / Execution

A person fraudulently:

Obtains decree/order for something not due; or

Executes it after satisfaction.

Memory

DECREE

Section 248 — False Criminal Charge

A person:

Institutes or causes criminal proceeding; or

Falsely charges another with an offence;

with intent to injure and knowing there is no just or lawful ground.

Memory

CRIMINAL CHARGE

Three-Section Memory

246 = FALSE CLAIM

247 = FALSE DECREE

248 = FALSE CRIMINAL CHARGE

Quick Revision Notes

Section

246 BNS

Title

Dishonestly making false claim in Court

IPC Equivalent

209 IPC

Act

Making a claim in Court.

Knowledge

Claimant knows claim is false.

Required Mental State

Any one of:

Fraudulently;

Dishonestly;

Intent to injure;

Intent to annoy.

Punishment

Imprisonment of either description up to 2 years + liable to fine

Classification

Non-cognizable + Bailable + Magistrate First Class

BNS Change

“Court of Justice” → “Court”

Exam Traps

Trap 1 — Thinking every rejected Court claim is criminal

Incorrect.

The claimant must:

KNOW THE CLAIM IS FALSE

Trap 2 — Forgetting the claim must be made in Court

A false demand made only outside Court does not satisfy this section merely by being false.

Trap 3 — Requiring both fraud and dishonesty

Incorrect.

The mental states are alternatives.

Trap 4 — Forgetting intent to annoy

Even where financial gain is absent, knowingly false litigation intended to annoy may be covered.

Trap 5 — Forgetting intent to injure

The provision expressly includes injury as a prohibited purpose.

Trap 6 — Assuming actual injury is necessary

The wording focuses on:

Intent to injure

Trap 7 — Assuming success of the false claim is necessary

Incorrect.

The offence is concerned with making the knowingly false claim.

Trap 8 — Confusing Section 246 with Section 247

Remember:

246 = CLAIM

247 = DECREE / EXECUTION

Trap 9 — Confusing Section 246 with Section 248

Remember:

246 = FALSE CLAIM IN COURT

248 = FALSE CRIMINAL CHARGE

Trap 10 — Forgetting the BNS drafting change

The BNS uses:

“COURT”

instead of:

“Court of Justice.”

Rapid Revision Chain: Sections 246–254

246

Knowingly false claim in Court made fraudulently, dishonestly, or to injure/annoy.

Memory

FALSE CLAIM

247

Fraudulently obtain or execute decree/order for something not due.

Memory

FALSE DECREE

248

Knowingly false criminal proceeding or charge with intent to injure.

Memory

FALSE CRIMINAL CHARGE

249

Harbour or conceal offender after crime to screen from punishment.

Memory

HIDE OFFENDER

250

Accept or seek benefit to conceal, screen, or not proceed.

Memory

TAKE TO SCREEN

251

Give or offer benefit to obtain concealment, screening, or non-prosecution.

Memory

GIVE TO SCREEN

252

Take gratification to recover movable property but fail to pursue offender.

Memory

TAKE TO RECOVER

253

Harbour or conceal escapee/wanted person to prevent apprehension.

Memory

HIDE WANTED PERSON

254

Harbour robbers or dacoits to facilitate or screen.

Memory

HARBOUR ROBBERS/DACOITS

Best Nine-Section Memory Sequence

246 = FALSE CLAIM

247 = FALSE DECREE

248 = FALSE CHARGE

249 = HIDE OFFENDER

250 = TAKE TO SCREEN

251 = GIVE TO SCREEN

252 = TAKE TO RECOVER

253 = HIDE ESCAPEE

254 = HARBOUR ROBBERS

Ultimate Memory Formula

SECTION 246

MAKE CLAIM IN COURT

+

KNOW CLAIM IS FALSE

+

ANY ONE OF:

FRAUDULENTLY

DISHONESTLY

INTENT TO INJURE

INTENT TO ANNOY

= SECTION 246

Shortest Memory Rule

“KNOWINGLY MAKE A FALSE COURT CLAIM FOR A WRONGFUL PURPOSE = 246.”

Key Takeaway

Section 246 BNS punishes deliberate misuse of the Court through a knowingly false claim.

The prosecution must establish:

A claim was made in Court;

The accused knew that claim was false; and

The claim was made:

Fraudulently;

Dishonestly;

With intent to injure; or

With intent to annoy.

The punishment is:

Imprisonment of either description up to 2 years + liability to fine

The offence is:

Non-cognizable + Bailable + Triable by Magistrate of the First Class

According to the supplied comments:

Section 246 BNS = Section 209 IPC

and the only stated drafting change is:

“Court of Justice” → “Court”

Final Memory Line

“246 = COURT + KNOWINGLY FALSE CLAIM + FRAUD/DISHONESTY/INJURY/ANNOYANCE.”