False charge of offence made with intent to injure

What this section does

This section penalises malicious prosecution — instituting or causing criminal proceedings against a person, or falsely charging a person with an offence, with intent to cause injury and knowing there is no just or lawful ground for such proceeding or charge. A higher punishment applies where the false charge relates to an offence punishable with death, life imprisonment, or imprisonment for ten years or more.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

(a) Imprisonment of either description up to 5 years, or fine up to ₹2,00,000, or both; (b) If the false charge relates to an offence punishable with death, life imprisonment, or imprisonment for 10 years or more — imprisonment of either description up to 10 years, and also liable to fine.

Triable by

Magistrate of First Class

Cognizable

No

Bailable

Yes

Compoundable

No

Ingredients (what prosecution must prove)

1. The accused instituted or caused to be instituted a criminal proceeding against a person, or falsely charged a person with having committed an offence
2. The accused knew there was no just or lawful ground for such proceeding or charge
3. The act was done with intent to cause injury to that person

Derived from IPC s.211.