Misleading the Law: A Detailed Explanation of False Information, Document Destruction, and Fraudulent Acts under Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023, in lieu of the Indian Penal Code (IPC) from July 1st, 2024, has various provisions directed towards discouraging and punishing false information, evidence destruction, and fraudulent activities. Sections 240 through 243 deal with such offenses, and all of these have severe legal implications. This article offers a clear analysis of these sections, dissecting the language of the law in easy-to-understand terms and using everyday examples to explain how these provisions could work in practice.
Section 240: Providing False Information Concerning an Offense
Section 240 is used against any person who knows or has reasons to believe that an offense has been committed and gives false information regarding the offense. This is to say that if a person intentionally misleads the authorities by providing false information regarding a crime, they can be charged under this section.
The offense of providing false information carries a maximum sentence of two years’ imprisonment, a fine, or both.
Suppose a robbery was witnessed by an individual who lied to the police that the offender ran off in a wrong direction, having known that information was incorrect. If it turns out that the individual knowingly offered this false information, they could be imprisoned or fined under Section 240.
The section also covers offenses done outside India, that is, even if a crime has been done in a foreign nation, if it would be punishable under certain sections in India (such as sections 103, 105, 307, etc.), this section still applies.
Section 241: Destruction of Documents or Electronic Records to Prevent Their Use as Evidence
Section 241 covers the destruction or concealment of documents or electronic records that may serve as evidence in a legal case. If one knowingly destroys or makes any portion of a document or electronic record illegible with the intent that it will not be produced in court or in front of a public official, he can be prosecuted under this section.
The punishment consists of a term of imprisonment for a maximum of three years, a fine not exceeding five thousand rupees, or both.
Suppose someone is requested to create an email as evidence during a court trial, and they delete the email and backups to avoid it being used in the case. The act would make the individual liable under Section 241 since they acted in deliberate destruction of a vital bit of electronic evidence.
Section 242: False Personation in a Legal Proceeding
Section 242 addresses a person assuming another’s identity to make lawful statements, admissions, or do other lawful acts such as become bail or surety for a person. The personation by pretense is a serious crime since it may mislead lawful proceedings and lead to unjust conclusions.
Anybody who is found guilty of doing so may be jailed for three years, or be fined, or both.
Example:
If a person, assuming the identity of another, signs documents confessing to a crime or becomes a bail guarantor, and if it is found that they assumed the identity of another person, they may be legally punished under Section 242.
Section 243: Fraudulent Claim to Property to Prevent Its Seizure
Section 243 concerns those who, with intent to defraud, seek to conceal, remove, or transport property so that the authorities cannot seize it. The scenario could play out when one seeks to defend their property against confiscation under a fine, forfeiture, or court order.
The penalty for such fraudulent offenses is imprisonment for a term of up to three years, a fine of up to five thousand rupees, or both.
Suppose that someone is aware that the house will be taken away by the court as they failed to pay a fine, and they pass on the house to a member of their family to escape the loss. Such fraud makes them culpable according to Section 243 and might result in prison or a penalty.
Conclusion
Sections 240 to 243 of the Bharatiya Nyaya Sanhita, 2023, provide for a wide array of offenses related to false information, destruction of documents, false impersonation, and fraudulent claims over property. These sections are essential in upholding the integrity of the judicial system and preventing people from evading punishment by deceiving the authorities or hindering justice.
By making individuals responsible for giving false information, tampering with evidence, or fraudulent acts, the law ensures that justice is served and no one can subvert the judicial process.
