KembaraXtra - Bharatiya Nyaya Sanhita - Section 248: False Charge of Offence Made with Intent to Injure

Introduction

Section 248 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who deliberately sets the criminal process in motion against another person through a false proceeding or false accusation, while:

• Intending to cause injury to that person; and
• Knowing that there is no just or lawful ground for the proceeding or charge.

The section therefore protects individuals from the misuse of criminal law as a weapon of harassment, retaliation, intimidation, or injury.

According to the supplied comments, the provision is closely related in concept to malicious prosecution, although liability under Section 248 must be tested according to its own statutory ingredients.

Basic Formula

INTENT TO INJURE + CRIMINAL PROCEEDING / FALSE CHARGE + KNOWLEDGE OF NO JUST OR LAWFUL GROUND = SECTION 248

Q1. What does Section 248 provide?

Answer:

Section 248 applies where a person, with intent to cause injury to another:

1.     Institutes a criminal proceeding against that person; or

2.     Causes a criminal proceeding to be instituted against that person; or

3.     Falsely charges that person with having committed an offence;

while knowing that there is:

No just or lawful ground

for the proceeding or charge.

Q2. What is the object of Section 248?

Answer:

The object is to prevent abuse of the criminal justice system through knowingly false accusations or proceedings.

It protects persons against:

• Fabricated criminal complaints;
• False criminal accusations;
• Groundless prosecutions;
• Deliberate misuse of police or court processes;
• Criminal proceedings launched to cause injury.

Core Principle

Criminal law cannot be deliberately misused to injure an innocent person through a knowingly groundless charge.

Q3. Which IPC provision corresponds to Section 248 BNS?

Answer:

According to the supplied comments:

Section 248 BNS = Section 211 IPC

Q4. Has Section 248 changed under BNS?

Answer:

Yes.

According to the supplied comments, although the basic language remains substantially the same and the section has been rearranged into clauses, the punishments have been increased.

Clause (a)

The previous maximum imprisonment of 2 years has been increased to:

5 years

The maximum fine has been fixed at:

₹2,00,000

Clause (b)

The previous reference to 7 years has been replaced by:

10 years

and the maximum punishment under the clause has been increased from:

7 years to 10 years

Q5. Who can commit the offence under Section 248?

Answer:

The section begins with:

“Whoever”

Therefore, it is a general offence and may be committed by any person who satisfies the statutory ingredients.

Q6. Can a public servant commit Section 248?

Answer:

Yes.

According to the supplied comments, the section can also apply to a police officer who brings a false criminal charge against a person with the intention of causing injury, provided the statutory requirements are proved.

Q7. What are the essential ingredients of Section 248?

Answer:

The essential ingredients are:

1.     The accused intends to cause injury to another person;

2.     The accused:

o    Institutes a criminal proceeding;

o    Causes a criminal proceeding to be instituted; or

o    Falsely charges that person with an offence;

3.     The proceeding or charge is against the person intended to be injured;

4.     The accused knows that there is no just or lawful ground for:

o    The proceeding; or

o    The charge;

5.     For enhanced punishment under clause (b), the false charge must concern an offence punishable with:

o    Death;

o    Life imprisonment; or

o    Imprisonment for ten years or upwards.

Formula

FALSE CRIMINAL PROCESS + INTENT TO INJURE + KNOWINGLY GROUNDLESS = 248

Q8. What are the two principal forms of prohibited conduct?

Answer:

Section 248 covers:

First Form

Instituting or causing the institution of a criminal proceeding.

Second Form

Falsely charging a person with having committed an offence.

Memory

PROCEEDING OR CHARGE

Q9. What does “institutes” mean in this context?

Answer:

It refers to setting the criminal process in motion against another person.

The supplied comments explain that criminal prosecution may be commenced through various procedural routes.

Q10. What does “causes to be instituted” add to the section?

Answer:

It prevents a person from escaping liability merely because he did not personally file or formally commence the proceeding.

If he causes another person or authority to initiate the false criminal process, the section may still apply.

Memory

DIRECTLY START OR CAUSE TO START

Q11. What does “falsely charges” mean?

Answer:

It refers to falsely accusing a person of having committed an offence.

The charge must be connected to criminal wrongdoing and must be made with the required intention and knowledge.

Q12. Is every incorrect accusation punishable under Section 248?

Answer:

No.

The section requires more than the accusation ultimately proving false.

The prosecution must establish:

• Intent to cause injury; and
• Knowledge that there was no just or lawful ground for the charge or proceeding.

Q13. Is mere failure of the prosecution enough to prove Section 248?

Answer:

No.

The fact that a prosecution fails or ends in acquittal does not by itself establish that the original charge was knowingly groundless.

The accused under Section 248 must have known that no just or lawful ground existed.

Q14. What is the first major mental element?

Answer:

The accused must act:

With intent to cause injury

to the person against whom the criminal process is directed.

Q15. Is intention to injure essential?

Answer:

Yes.

It is expressly stated in the opening words of the section.

Without the required intent to cause injury, the section is not satisfied merely because the allegation later turns out to be incorrect.

Q16. What is the second major mental element?

Answer:

The accused must know:

There is no just or lawful ground

for the proceeding or charge.

Q17. Why is knowledge of absence of lawful ground important?

Answer:

Because the section is aimed at deliberate misuse of criminal proceedings, not genuine complaints made on reasonable grounds that later fail.

Q18. Is negligence enough?

Answer:

No.

The wording requires actual knowledge that no just or lawful ground exists.

Mere carelessness or inadequate investigation is not equivalent to the statutory knowledge requirement.

Q19. Is a genuine but mistaken accusation necessarily punishable?

Answer:

No.

If the person genuinely believes on lawful or reasonable grounds that the accused committed the offence, the requirement that he knows there is no just or lawful ground may be absent.

Q20. What does “just or lawful ground” mean for study purposes?

Answer:

It refers to a legitimate legal or factual basis for commencing the criminal proceeding or making the charge.

Section 248 targets proceedings or charges that the accuser himself knows lack such foundation.

Q21. Must both lack of just ground and lack of lawful ground be separately proved?

Answer:

The statutory phrase is:

“no just or lawful ground”

For examination purposes, the important point is that the accused must know that there is no legitimate basis for the criminal proceeding or accusation.

Q22. Is Section 248 similar to malicious prosecution?

Answer:

According to the supplied comments, the provision is very akin to malicious prosecution.

However, for Section 248, the correct approach is to prove the statutory ingredients directly:

• Criminal proceeding or false charge;
• Intent to injure;
• Knowledge of absence of just or lawful ground.

Q23. Must actual injury occur?

Answer:

The section requires:

Intent to cause injury

It does not expressly state that the intended injury must actually materialise before liability can arise.

Q24. Must the false proceeding result in conviction of the victim?

Answer:

No.

Section 248 punishes the false institution or false charge itself when accompanied by the required intention and knowledge.

The falsely accused person need not actually be convicted.

Q25. Must the falsely accused person be arrested?

Answer:

No.

Arrest is not an express ingredient.

The offence centres on the false criminal proceeding or false charge.

Q26. Must the criminal proceeding reach trial?

Answer:

No.

The supplied comments indicate that the section can operate from the stage where the false accusation puts or seeks to put the criminal investigation process into motion.

Q27. What does the supplied commentary say about commencement of criminal prosecution?

Answer:

According to the supplied comments, criminal prosecution may be commenced through:

1.     A complaint under Section 223 BNSS;

2.     A false charge of a cognizable offence made to police;

3.     A police report to Court;

4.     Moving the Court through a petition under provisions of the BNSS.

Q28. Can a false complaint to police attract Section 248?

Answer:

According to the supplied comments, yes, where the false allegation concerns a cognizable offence and is made in a manner that sets or seeks to set the criminal process in motion, provided the other ingredients are proved.

Q29. Can a false police report to Court attract Section 248?

Answer:

According to the supplied comments, yes.

A false criminal process need not originate only from a private complaint.

Q30. Can proceedings initiated through a Court petition fall within Section 248?

Answer:

According to the supplied comments, yes, where the petition is used to initiate a knowingly groundless criminal proceeding with the required intent to injure.

Q31. What does the commentary mean when it says the false charge must relate to the original accusation?

Answer:

It means the false charge should be the accusation that:

Sets or seeks to set criminal investigation or prosecution in motion

The section is concerned with accusations that initiate or procure the criminal process against another person.

Q32. Must the false charge concern an offence under the BNS itself?

Answer:

No.

According to the supplied comments, the false charge may relate to an offence under:

• A local law; or
• A special law.

It need not necessarily be an offence created by the BNS.

Q33. Why is this important?

Answer:

Because Section 248 protects against knowingly false criminal accusations generally, rather than only false accusations under the BNS.

Q34. What punishment applies under clause (a)?

Answer:

In the ordinary case, the punishment is:

• Imprisonment of either description up to 5 years; or
• Fine up to ₹2,00,000; or
• Both.

Memory

ORDINARY FALSE CHARGE → 5 YEARS / ₹2 LAKH / BOTH

Q35. What does “imprisonment of either description” mean?

Answer:

It means:

• Simple imprisonment; or
• Rigorous imprisonment.

Q36. What is the maximum fine under clause (a)?

Answer:

₹2,00,000

This is an important BNS change highlighted in the supplied comments.

Q37. What punishment applied under the corresponding IPC provision according to the supplied comments?

Answer:

According to the supplied comments, clause (a)'s maximum imprisonment was previously:

2 years

Under BNS, it has been increased to:

5 years

Q38. When does clause (b) apply?

Answer:

Clause (b) applies where the false criminal proceeding is instituted on a false charge of an offence punishable with:

• Death;
• Imprisonment for life; or
• Imprisonment for ten years or upwards.

Q39. What is the punishment under clause (b)?

Answer:

The offender may be punished with:

• Imprisonment of either description up to 10 years; and
• Shall also be liable to fine.

Memory

SERIOUS FALSE CHARGE → 10 YEARS + FINE

Q40. What is the important BNS change under clause (b)?

Answer:

According to the supplied comments:

• The earlier reference to 7 years has been substituted with 10 years;
• The maximum imprisonment has therefore increased from 7 years to 10 years.

Q41. Why does clause (b) impose greater punishment?

Answer:

Because falsely accusing a person of an extremely serious offence exposes that person to far more severe legal consequences.

The section therefore imposes enhanced punishment where the false accusation concerns an offence punishable with:

• Death;
• Life imprisonment; or
• Ten years or more.

Q42. Is fine optional under clause (b)?

Answer:

The wording states that the offender:

“shall also be liable to fine.”

Thus, clause (b) expressly provides liability to fine in addition to imprisonment.

Q43. What is the classification under Section 248(a)?

Answer:

According to the supplied classification:

• Non-cognizable
• Bailable
• Magistrate of the First Class

Memory

248(a) = NC + B + MFC

Q44. What is the classification under Section 248(b)?

Answer:

According to the supplied classification:

• Non-cognizable
• Bailable
• Court of Session

Memory

248(b) = NC + B + SESSION

Q45. Is Section 248 cognizable?

Answer:

No.

Both supplied clauses are:

Non-cognizable

Q46. Is Section 248 bailable?

Answer:

Yes.

Both clauses are:

Bailable

Q47. What is the main trial-Court difference between clauses (a) and (b)?

Answer:

Clause (a)

Triable by:

Magistrate of the First Class

Clause (b)

Triable by:

Court of Session

This reflects the greater seriousness of falsely accusing a person of an offence carrying death, life imprisonment, or ten years or more.

Q48. Give a simple example of Section 248(a).

Answer:

Suppose A wants to harm B.

A knowingly makes a completely fabricated criminal accusation against B, despite knowing that B committed no such offence and that there is no lawful basis for the accusation.

If the underlying falsely alleged offence does not fall within clause (b), Section 248(a) may apply.

Q49. Give an example of Section 248(b).

Answer:

Suppose A, intending to seriously injure B, knowingly causes a criminal proceeding to be instituted falsely accusing B of an offence punishable with life imprisonment.

A knows there is no just or lawful ground for the accusation.

Section 248(b) may apply.

Q50. Give an example where Section 248 does not apply merely because the complaint failed.

Answer:

Suppose A honestly believes B committed an offence based on facts reasonably available to A.

A makes a complaint, but the evidence later proves insufficient and B is acquitted.

That failure alone does not establish that A knew there was no just or lawful ground when the complaint was made.

Q51. Give an example involving a police officer.

Answer:

According to the supplied comments, suppose a police officer knowingly brings a false criminal charge against a person solely to cause that person injury, while knowing that there is no lawful basis for the charge.

The officer may potentially fall within Section 248 if all statutory ingredients are established.

Q52. Does being a police officer create immunity under Section 248?

Answer:

No such immunity appears in the supplied text.

According to the supplied comments, a police officer can also be liable.

Q53. Can a private complainant commit Section 248?

Answer:

Yes.

A private person who intentionally sets a knowingly false criminal proceeding in motion may fall within the provision.

Q54. Can the section apply where the accusation is under a special statute?

Answer:

According to the supplied comments, yes.

The false charge need not be for a BNS offence and may concern an offence under a local or special law.

Q55. Is a false civil claim covered by Section 248?

Answer:

The supplied text specifically concerns:

Criminal proceeding

and a false charge of:

An offence

Therefore, an ordinary false civil claim is not within the wording of Section 248 merely because it is false.

Q56. Is a disciplinary allegation automatically covered?

Answer:

Not merely because it is false.

The section requires a criminal proceeding or a false charge of having committed an offence.

Q57. What is the difference between a false charge and an honest accusation that later proves wrong?

Answer:

The key difference is mens rea.

False charge under Section 248

The accuser:

• Intends to cause injury; and
• Knows there is no just or lawful ground.

Honest but mistaken accusation

The accuser genuinely believes there is a lawful basis.

Memory

FALSE + KNOWINGLY GROUNDLESS = 248

Q58. How does Section 248 differ from Section 249?

Answer:

These neighbouring sections deal with opposite stages of interference with criminal justice.

Section 248

A person falsely sets criminal law against another.

Memory

FALSELY ACCUSE

Section 249

A person harbours or conceals an actual offender to keep criminal law away from him.

Memory

HIDE OFFENDER

Simple Contrast

248 = CREATE FALSE LIABILITY

249 = PREVENT TRUE LIABILITY

Q59. How does Section 248 differ from Sections 250 and 251?

Answer:

Section 248

False accusation or criminal proceeding intended to injure.

Section 250

Taking a benefit in exchange for concealment, screening, or non-prosecution.

Section 251

Giving a benefit in exchange for concealment, screening, or non-prosecution.

Memory

248 = FALSE CHARGE

250 = TAKE TO SCREEN

251 = GIVE TO SCREEN

Q60. What is the easiest exam test for Section 248?

Answer:

Ask:

1.     Was a criminal proceeding instituted or caused to be instituted?

2.     Alternatively, was a person falsely charged with an offence?

3.     Did the accused intend to cause injury?

4.     Did the accused know there was no just or lawful ground?

5.     How serious was the falsely alleged offence?

6.     Does clause (a) or clause (b) apply?

Q61. What is the shortest memory formula?

Answer:

“FALSE CRIMINAL CHARGE + INTENT TO INJURE + KNOWING NO LAWFUL BASIS = 248.”

Key Provisions (Study Notes)

1. General Offender

The section applies to:

WHOEVER

It can therefore apply to a private individual and, according to the supplied comments, also to a police officer.

2. First Prohibited Act

INSTITUTES CRIMINAL PROCEEDING

3. Second Prohibited Act

CAUSES CRIMINAL PROCEEDING TO BE INSTITUTED

4. Third Prohibited Act

FALSELY CHARGES A PERSON WITH AN OFFENCE

5. First Mens Rea Requirement

INTENT TO CAUSE INJURY

6. Second Mens Rea Requirement

KNOWLEDGE THAT THERE IS NO JUST OR LAWFUL GROUND

Mental Element Formula

INTENT TO INJURE

+

KNOWINGLY GROUNDLESS

These must accompany the false criminal proceeding or accusation.

Punishment Study Notes

Clause (a) — Ordinary Case

Punishment:

• Imprisonment of either description up to 5 years; or
• Fine up to ₹2 lakh; or
• Both.

Memory

5 YEARS / ₹2 LAKH / BOTH

Clause (b) — Serious False Charge

Applies where the falsely alleged offence is punishable with:

• Death;
• Life imprisonment;
• Ten years or upwards.

Punishment:

• Imprisonment of either description up to 10 years;
• Fine also.

Memory

DEATH / LIFE / 10+ → 10 YEARS + FINE

BNS Changes Study Notes

According to the supplied comments:

Clause (a)

Old maximum:

2 years

BNS maximum:

5 years

Fine ceiling fixed at:

₹2 lakh

Clause (b)

Old maximum:

7 years

BNS maximum:

10 years

The provision has also been rearranged into clauses.

Modes of Commencing Criminal Prosecution in the Supplied Commentary

According to the supplied comments, the criminal process may be set in motion through:

1. Complaint

Complaint under Section 223 BNSS.

2. Police Accusation

False charge of a cognizable offence to police.

3. Police Report

A police report to Court.

4. Court Petition

Moving the Court through an appropriate petition under the BNSS.

Revision Point

The method may differ, but the central question remains:

DID THE ACCUSED KNOWINGLY SET A GROUNDLESS CRIMINAL PROCESS IN MOTION TO INJURE ANOTHER?

Scope of the False Charge

According to the supplied comments, the false accusation must relate to the original accusation that:

PUTS OR SEEKS TO PUT THE CRIMINAL INVESTIGATION INTO MOTION

The underlying falsely alleged offence may arise under:

• BNS;
• Local law;
• Special law.

Difference Between Section 248(a) and Section 248(b)

Section 248(a)

Ordinary false criminal proceeding or false accusation satisfying the section.

Punishment:

Up to 5 years / ₹2 lakh fine / both

Classification:

NC + B + MFC

Section 248(b)

False proceeding involving an accusation of an offence punishable with:

• Death;
• Life imprisonment;
• Ten years or upwards.

Punishment:

Up to 10 years + fine

Classification:

NC + B + Court of Session

Quick Revision Notes

Section

248 BNS

Title

False charge of offence made with intent to injure

IPC Equivalent

211 IPC

Act

• Institute criminal proceeding;
• Cause criminal proceeding to be instituted;
• Falsely charge another with an offence.

First Mens Rea

Intent to cause injury.

Second Mens Rea

Knowledge that there is no just or lawful ground.

Clause (a) Punishment

Up to 5 years / fine up to ₹2 lakh / both

Clause (b) Trigger

False charge of offence punishable with:

Death / life / 10 years or upwards

Clause (b) Punishment

Up to 10 years + fine

Classification

248(a): NC + B + MFC

248(b): NC + B + Court of Session

BNS Changes

• 2 years → 5 years
• Fine ceiling → ₹2 lakh
• 7 years → 10 years
• Provision rearranged into clauses.

Exam Traps

Trap 1 — Thinking every failed prosecution is a false charge

Incorrect.

The accuser must know there is:

NO JUST OR LAWFUL GROUND

Trap 2 — Forgetting intent to injure

A false allegation alone does not complete the statutory test.

Remember:

INTENT TO CAUSE INJURY

Trap 3 — Requiring actual conviction of the falsely accused person

Incorrect.

Section 248 is directed at the false charge or proceeding itself.

Trap 4 — Requiring actual arrest

Incorrect.

Arrest is not an express ingredient.

Trap 5 — Restricting the section to complaints filed directly in Court

Incorrect.

According to the supplied comments, the criminal process may also be set in motion through police and other BNSS mechanisms.

Trap 6 — Assuming only private persons can commit it

Incorrect.

According to the supplied comments, a police officer may also fall within the section.

Trap 7 — Assuming the false charge must be under BNS

Incorrect.

According to the supplied comments, it may concern an offence under a local or special law.

Trap 8 — Forgetting the enhanced punishment

For a falsely alleged offence punishable with:

DEATH / LIFE / 10 YEARS OR MORE

the punishment may extend to:

10 YEARS + FINE

Trap 9 — Writing the old IPC punishment

For clause (a), the BNS maximum is:

5 YEARS

not 2 years.

Trap 10 — Writing ₹2 lakh as the clause (b) fine ceiling

The supplied text fixes the ₹2 lakh ceiling under clause (a).

Clause (b) simply says the offender shall also be liable to fine.

Trap 11 — Confusing Section 248 with malicious prosecution as if they were identical concepts

The supplied comments say Section 248 is akin to malicious prosecution.

For an exam answer, always return to the statutory ingredients of Section 248 itself.

Trap 12 — Confusing Sections 248 and 249

Remember:

248 = FALSELY PUT CRIMINAL LAW IN MOTION

249 = HIDE PERSON FROM CRIMINAL LAW

Rapid Revision Chain: Sections 248–254

248

Knowingly false criminal charge or proceeding with intent to injure.

Memory

FALSE CHARGE

249

Harbour or conceal offender after crime to screen from punishment.

Memory

HIDE OFFENDER

250

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

Memory

TAKE TO SCREEN

251

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

Memory

GIVE TO SCREEN

252

Take gratification to help 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 offence or screen them.

Memory

HARBOUR ROBBERS/DACOITS

Best Seven-Section Memory Sequence

248 = FALSE CHARGE

249 = HIDE OFFENDER

250 = TAKE TO SCREEN

251 = GIVE TO SCREEN

252 = TAKE TO RECOVER

253 = HIDE ESCAPEE

254 = HARBOUR ROBBERS/DACOITS

Ultimate Memory Formula

SECTION 248

INSTITUTE / CAUSE CRIMINAL PROCEEDING

OR

FALSELY CHARGE PERSON WITH OFFENCE

+

INTENT TO CAUSE INJURY

+

KNOWLEDGE THAT NO JUST OR LAWFUL GROUND EXISTS

= SECTION 248

Punishment Memory

Ordinary case

5 YEARS / ₹2 LAKH / BOTH

Serious false charge

DEATH / LIFE / 10+ → 10 YEARS + FINE

Shortest Memory Rule

“KNOWINGLY USE A FALSE CRIMINAL CHARGE TO INJURE ANOTHER = 248.”

Key Takeaway

Section 248 BNS punishes the deliberate misuse of criminal proceedings against another person.

The essential requirements are:

• A criminal proceeding is instituted or caused to be instituted, or a false criminal charge is made;
• The accused intends to cause injury;
• The accused knows that there is no just or lawful ground for the proceeding or charge.

The ordinary punishment under clause (a) is:

Up to 5 years / fine up to ₹2 lakh / both

Where the false accusation concerns an offence punishable with:

• Death;
• Life imprisonment; or
• Ten years or upwards,

clause (b) provides:

Up to 10 years + fine

According to the supplied classification:

248(a) = Non-cognizable + Bailable + Magistrate First Class

248(b) = Non-cognizable + Bailable + Court of Session

According to the supplied comments:

Section 248 BNS = Section 211 IPC

The BNS significantly increases the punishments while retaining the essential structure of the offence.

Final Memory Line

“248 = FALSE PROCEEDING/CHARGE + INTENT TO INJURE + KNOWING NO JUST OR LAWFUL GROUND.”