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Section 228 BNS to Section 233 BNS|Section 229 BNS|Section 230 BNS|Section 231 BNS|Section 232 BNS

Section 228 BNS| Bharatiya Nyaya Sanhita (BNS):


Fabricating false evidence.


Whoever causes any circumstance to exist or makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”.


Illustrations.


(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.


(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court. A has fabricated false evidence.


(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes

a letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of

the police are likely to search. A has fabricated false evidence.


Section 229 BNS| Bharatiya Nyaya Sanhita (BNS):


Punishment for false evidence.


(1) Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine which may extend to ten thousand rupees.


(2) Whoever intentionally gives or fabricates false evidence in any case other than

that referred to in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine which may extend to five thousand rupees.


Explanation 1.—A trial before a Court-martial is a judicial proceeding.


Explanation 2.—An investigation directed by law preliminary to a proceeding before a Court is a stage of a judicial proceeding, though that investigation may not take place before a Court.


Illustration.


A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.


Explanation 3.—An investigation directed by a Court according to law, and conducted under the authority of a Court is a stage of a judicial proceeding, though that

investigation may not take place before a Court.


Illustration.


A, in an enquiry before an officer deputed by a Court to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.


Section 230 BNS| Bharatiya Nyaya Sanhita (BNS):


Giving or fabricating false evidence with intent to procure conviction of capital offence.


(1) Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the law for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand rupees.


(2) If an innocent person be convicted and executed in consequence of false evidence referred in sub-section (1), the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.


Section 231 BNS| Bharatiya Nyaya Sanhita (BNS):


Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.


Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.


Illustration.


A gives false evidence before a Court intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or without fine.


Section 232 BNS| Bharatiya Nyaya Sanhita (BNS):


Threatening any person to give false evidence.


(1) Whoever threatens another with any injury to his person, reputation or 35 property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.


(2) If innocent person is convicted and sentenced in consequence of false evidence referred to in sub-section (1), with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentence in the

same manner and to the same extent such innocent person is punished and sentenced.


Section 233 BNS| Bharatiya Nyaya Sanhita (BNS): 


Using evidence known to be false.


Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.


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