Bharatiya Nyaya Sanhita, 2023
Section 240
Giving false information respecting an offence committed
Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Explanation.—In sections 238 and 239 and in this section the word “offence” includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2),
(3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and
(8) of section 331, clauses (a) and (b) of section 332.
Why this exists
This provision, earlier Section 203 of the Indian Penal Code, 1860, targets people who mislead investigators with false accounts of a known crime, distinct from the person who actively helps the offender hide (covered elsewhere) or who withholds information they are bound to give. It protects the integrity of the investigative process itself.
Common misconceptions
- Myth: Giving a false description or false details to police is a harmless white lie if you're not the culprit.
Fact: Deliberately giving false information about a known offence is itself a separate criminal offence, carrying up to two years in prison.