BNS Section 227: Giving False Evidence
Section 227 falls under Chapter 14 of the Bharatiya Nyaya Sanhita (BNS). Chapter 14 covers offences of false evidence and offences against public justice. Each section under this chapter deals with different offences related to matters that obstruct the delivery of public justice. Section 227 specifically deals with making false statements under oath. Let us take a closer look at its provisions.
Definition of BNS Section 227
Section 227 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.
Explanation 1.—A statement is within the meaning of this section, whether it is made verbally or otherwise.
Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.
Illustrations.
(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence.
(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.
(c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence.
(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.”
Explanation and Illustration of BNS Section 227
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It defines what is considered as false evidence for the purposes of chapter XIII. Let us break it down to get a better understanding.
All persons within the sovereign borders of India at any given time are, by default, legally bound to speak the truth to the best of their knowledge when it comes to matters of public duty. In other words, if a public servant makes an inquiry of a person during the performance of his or her duty, he or she is legally obliged to answer sincerely and correctly to the best of their knowledge. However, when someone is made to take an oath during the course of a government proceeding, binding them to the correctness of any statement they may make, then it is an indication of the solemnity of the situation and the severity of the consequences of making a false statement.
Furthermore, there are a certain class of persons who are expressly bound by law to speak the truth during the performance of their duties, given the critical nature of their professions. This includes doctors, lawyers, translators, chartered accountants, notaries etc. Inaccuracy or incorrectness in the performance of their duties can have dire consequences. These people do not need to be administered a separate oath when they make statements in the performance of their duty as there are specific laws preventing them from making false statements in the conduct of their profession. Besides, they are already bound by a professional oath to this effect taken by them before being awarded a licence to practise the profession.
There is a third category of persons also which is persons being bound by law to make a declaration upon any subject. This can be applicable to any person when he or she is specifically bound by the law to not make false statements, such as on government application forms, income tax return, business documents, bank documents, registration documents etc.
Section 227 defines ‘giving false evidence’ as a false statement made by persons in these three categories, i.e, bound by an oath or by an express provision of law or bound by law while making a specific declaration. In other words, when a person falling into any of the categories above makes a false statement, it shall be considered as ‘giving false evidence under the provisions of Chapter XIII, as defined in section 227.
The section further clarifies that it is not just the making of a false statement that is considered as giving false evidence but even making a statement believing it to be false or not believing it to be true at the time of making it shall be considered as giving false evidence. In other words, it is not just the act of making a false statement, but even the intent of making a false statement is punishable because it is not just a criminal act that is punishable under the BNS but also criminal intent.
Explanation 1 clarifies that the statement shall be considered false even if given verbally or in any other manner other than in writing as long as it is conveyed in a coherent and comprehensible manner to the person receiving such statement.
Explanation 2 further attests to making statements that are intentionally false. According to the explanation, false evidence is not only relating to statements about other people but also made about personal matters such as saying you believe in something when you don’t. In other words, any kind of statement made in the course of a government statement has to be true and correct to the best of the knowledge of the person making it. Any statement made otherwise shall be considered a false statement.
There are five illustrations that have been provided here that highlight what false evidence entails.
(a) & (d) illustrate making a false statement under oath in a court of law.
(b) & (c) illustrate how intent is important in determining whether a statement is considered as false evidence or not.
(e) illustrates a false statement made by a person bound to the truth by an express provision of the law.
Key Points in BNS Section 227
This section deals with: False evidence
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 227 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 227 of BNS replaces BNS Section 191. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 227 | Giving false evidence | 191 | No change |
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FAQs about Section of the Bharatiya Nyaya Sanhita (BNS)
Is giving false evidence only verbal?
No. It refers to any false statement given in any form under legal oath.
What if someone mistakenly gives incorrect evidence?
Intent is key to determining offence. Only if the false statement has been made deliberately, it constitutes offence under this section.
Does BNS Section 227 apply to interpreters or translators?
Yes. Interpreters and translators are bound by oath to translate or interpret accurately and without changing meaning. If a person deliberately translates something falsely while being legally obligated to provide accurate translation, then he or she is an offender under this section.
Can someone be punished for false beliefs under this section?
No. If someone genuinely beliefs something false to be true, then they cannot be considered to have dishonest intentions and hence cannot be prosecuted under this section.
What are the penalties under Section 227 for giving false evidence?
Section 227 merely defines the meaning of ‘false evidence’ for the purposes of Chapter XIV. No punishment has been prescribed under it.
What is considered false evidence under Section 227?
Any person who makes any false statement while being legally obligated to be truthful is considered to be giving false evidence.
What steps can be taken if false evidence is discovered?
The relevant authorities must be intimated immediately on discovering false evidence.
Does Section 227 apply to false forensic reports?
Yes. If any person under legal obligation to only provide truthful statements deliberately provides a false statement in that regard shall be considered an offender under this section.
