IPC 209 vs BNS 209
● Retained in BNSDishonestly making a false claim in Court
Section 209 of the Indian Penal Code, 1860, deals with the offence of dishonestly making a false claim in court. This provision punishes anyone who knowingly presents a false or fraudulent claim in a judicial proceeding with the intention to deceive, mislead, or cause wrongful loss or gain.
Key aspects:
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The false claim must be made intentionally and dishonestly.
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The objective is to protect the integrity of the judicial process.
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Punishment: Imprisonment up to 2 years, and fine.
For example, if a person files a false suit claiming ownership of property knowing fully well that they have no legal right, they are liable under IPC 209. This ensures that courts are not misused for fraudulent gains and justice is not delayed or obstructed.
Dishonestly making a false claim in Court
Section 209 of the Bharatiya Nyaya Sanhita, 2023, continues the same legal principle as IPC 209. It punishes anyone who makes a false, dishonest, or fraudulent claim in judicial proceedings with the intent to deceive or cause unlawful gain or loss.
Key aspects:
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False claims must be deliberate and fraudulent.
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Protects the judicial system from abuse and false litigation.
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Punishment: Imprisonment up to 2 years, and fine.
For instance, filing a fake claim for compensation in a civil case, knowing it to be false, would attract liability under this section. BNS 209, like IPC 209, reinforces the principle that justice cannot be compromised by dishonest claims.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 209 to BNS BNS 209.