What offence is committed when a person gives false information with the intent to cause a public servant to injure another? What are the scope and essential ingredients of Sec. 182 I. P. C.?

Question: What offence is committed when a person gives false information with the intent to cause a public servant to injure another? What are the scope and essential ingredients of Sec. 182 I. P. C.?

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Answer

Section 182, IPC deals with giving false information, with intent to cause a public servant to use his lawful power to the injury of another person.

Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant—

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b) to use the lawful power of such public servant to the injury or annoyance of any person shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Scope of Section 182

This section relates to giving information, which the informer knows or believes to be false, to a public servant with intent to make him to use his lawful power to cause injury or annoyance to another person. Its object, thus, is to ensure that a public servant should not be given false or misleading information and thereby to make him to do what he ought not to do or to omit what he ought to do.

The essential ingredients of the offence can be described as follows:

1. giving of false information;
2. to a public servant;
3. which information is known by the informant to be false;
4. given with the intention to influence the public servant to act otherwise than he would have acted;
5. which may have the effect of causing injury or annoyance to any person.

In order to convict an accused under section 182, it is necessary for a court to ensure that all these ingredients constituting the offence are proved.

In Daulat Ram v. State of Punjab [AIR 1962 SC 1206] the Supreme Court held that the offence is complete the moment a person moves the public servant for action. However, it is not in all cases of false or incorrect statements that prosecution needs to be launched. A prosecution needs to be initiated only in cases of the larger interest of justice.

It should be noted that what the section contemplates is the positive act of giving false information and not the withholding of information. Thus, the guilt of the accused lies in the intention entertained or knowledge, and a man’s knowledge or intention must be judged from his acts and surrounding circumstances.

Actual injury to a third person need not be necessary for a conviction under the section, as the offence is made out with the positive act of the accused giving false information with the requisite intention.

However, a person who makes a false statement in his petition cannot be held guilty under this section simply because his claims are not substantiated. Similarly, an expression of suspicion against some persons in a complaint of theft to the police does not amount to the giving of false information under the section.

Mere criticism of the administration for its lapses or the police for its inaction and for faulty steps in the investigation also does not constitute any offences under Section 182. However, a person initiating mala fide criminal proceedings initiated against a person holding high office with a view to wreak vengeance and spite him due to private and personal grudge may be prosecuted under Section 182, IPC.

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