What is IPC Section 182?
IPC Section 182 falls within Chapter X of the Indian Penal Code ("Of Contempts of the Lawful Authority of Public Servants"). It targets a person who deliberately supplies false information to a public servant, either intending to cause that official to act (or refrain from acting) in a way that would be improper if the true facts were known, or intending/knowing it is likely to cause the official's lawful power to be used to injure or annoy someone.
The section is regularly invoked in cases involving false FIRs, fabricated tip-offs about criminal activity, or misleading reports made to induce the police or other authorities to search, question, arrest, or otherwise act against a person without valid cause. Illustrative examples under the section include falsely informing a Magistrate that a subordinate officer is guilty of misconduct to get him dismissed, or falsely telling police that a person possesses contraband to trigger a search of that person's premises. The offence is complete once the false information is given with the requisite knowledge or intention — actual harm to the person affected is not strictly necessary, though annoyance or injury resulting from the misuse of official power is the target the section seeks to prevent.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 182 IPC now corresponds to Section 217 of the BNS, which enhances the punishment to imprisonment up to 1 year (from 6 months) and fine up to ₹10,000 (from ₹1,000). FIRs registered before 1 July 2024 continue to be tried under IPC 182; incidents after that date attract the higher BNS punishment.
Legal Provision — Text of Section 182 IPC
This section is closely related to Section 177 (furnishing false information generally), Section 181 (false statement on oath to a public servant), and Section 211 (false charge of an offence made with intent to injure). Section 182 is distinguished by its specific focus on causing the public servant to misuse or wrongly exercise their lawful power against another person.
Punishment Under Section 182
| Imprisonment | Imprisonment of either description (simple or rigorous) for a term which may extend to 6 months |
|---|---|
| Fine | Or with fine which may extend to ₹1,000, or with both |
| Nature of Offence | Non-Cognizable — police cannot investigate or arrest without a Magistrate's order/warrant |
| Bailable / Non-Bailable | Bailable — bail is a matter of right |
| Compoundable | Not compoundable — the case cannot be withdrawn or settled directly between the parties |
| Triable By | Any Magistrate |
| Related Provisions | Section 177 (furnishing false information), Section 181 (false statement on oath), Section 211 (false charge with intent to injure) |
Key Ingredients / Essential Elements
Information given to a public servant
The accused must have communicated some information to a person who qualifies as a "public servant" under the Code.
The information must be knowingly or believedly false
The accused must know or believe the information to be false at the time it is given — an honest but mistaken belief does not attract this section.
Intention or knowledge that it will cause improper action
The accused must intend, or know it is likely, that the public servant will act or refrain from acting improperly, or misuse their lawful power to injure or annoy another.
Injury or annoyance to some person as the object
The false information must be aimed at causing the public servant's power to be exercised to the detriment or annoyance of another person, even if no severe harm actually results.
What Should You Do — For Complainants and For the Accused
If You Have Been Harmed by a False Complaint
- Since the offence is non-cognizable, file a complaint before the Magistrate (or request the police to seek the Magistrate's permission to investigate) rather than expecting a direct FIR.
- Gather evidence showing that the information given against you was knowingly false and caused a search, inquiry, or other official action to your detriment.
- Consider whether related offences, such as false charge under Section 211 or defamation, may also apply depending on the facts.
If You Are Accused Under Section 182
- Since the offence is bailable, bail can typically be secured without significant difficulty.
- A key defence is to show that the information given was believed in good faith to be true, or that there was no intention or knowledge that it would cause misuse of official power.
- Engage a criminal lawyer to represent you before the Magistrate, since the case must be pursued through a formal complaint process given its non-cognizable nature.
Complaint & Bail Process Under Section 182
Filing a Complaint
Being non-cognizable, the affected person must approach the Magistrate directly with a complaint, or request police assistance for investigation with the Magistrate's permission.
Magistrate's Inquiry
The Magistrate examines the complaint and evidence to determine whether the information given was knowingly false and intended to cause misuse of official power.
Bail
Being bailable, the accused is entitled to bail as a matter of right if summoned or arrested in connection with the case.
Trial
The case proceeds to trial before the Magistrate, and being non-compoundable, cannot be withdrawn by mutual settlement between the parties.
Important / Illustrative Applications of Section 182
False Report Leading to Dismissal of an Officer
The Code itself illustrates the section with the example of a person falsely informing a Magistrate that a subordinate police officer is guilty of neglect of duty or misconduct, knowing this to be false and knowing it is likely to cause the Magistrate to dismiss that officer.
False Tip-Off Leading to Search and Annoyance
Another illustration under the section involves a person falsely informing the police that another individual possesses contraband in a secret location, knowing the information to be false and knowing it is likely to cause a search of that person's premises, causing annoyance.