Code: Section 246 BNS
Whoever fraudulently or dishonestly, or with intent to injure or annoy any
person, makes in a Court any claim which he knows to be false, shall be punished with
imprisonment of either description for a term which may extend to two years, and shall
also be liable to fine.
Explanation of Section 246 BNS
Section 246 BNS penalizes individuals who knowingly make false claims in court. The provision aims to prevent perjury and fraudulent litigation, ensuring fair judicial proceedings.
Key Elements of Section 246 BNS
- Fraudulent or Dishonest Intent – The person must act fraudulently or dishonestly.
- False Claim in Court – The person makes a false claim knowing it to be untrue.
- Intent to Injure or Annoy – The act must be committed to harm or annoy another person.
- Punishment –
- Up to two years imprisonment, and
- Fine.
Illustration
Example 1: False Property Claim
A files a case claiming that a piece of land belongs to him, despite knowing that it legally belongs to B. Since A knowingly filed a false claim, he is guilty under Section 246 BNS.
Example 2: False Debt Claim
X sues Y, falsely claiming that Y owes him ₹10 lakh, despite knowing that no such debt exists. X is liable for punishment under this section.
Common Questions and Answers on Section 246 BNS
1. What is the purpose of Section 246 BNS?
- It aims to prevent misuse of the judicial system by penalizing individuals who knowingly file false claims in court.
2. What are the key elements of this offense?
- The person must:
- Act fraudulently or dishonestly
- Make a false claim in court
- Have the intention to injure or annoy someone
3. What is the punishment for violating Section 246 BNS?
- Up to two years of imprisonment and fine.
4. Can this section apply to false claims in civil cases?
- Yes. False claims in both civil and criminal cases fall under this section.
5. How does Section 246 BNS differ from Section 245 BNS?
- Section 245 BNS deals with fraudulently suffering a decree for an amount not due.
- Section 246 BNS applies when a person actively files a false claim in court.
Conclusion
Section 246 BNS ensures honesty in legal proceedings by penalizing false claims in court. This law plays a crucial role in protecting judicial integrity and preventing frivolous litigation.
For more legal insights, visit ApniLaw today! 🚀
