BNS Section 229: Punishment For False Evidence
Section 229 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 229 specifically deals with fabricating false evidence. Let us take a closer look at its provisions.
Definition of BNS Section 229
Section 229 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
(1) Whoever intentionally gives false evidence in any stage 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.
Explanation and Illustration of Section 229
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of fabricating and presenting false evidence. Let us break down the section to get a better understanding of it.
The offense:
As per this section, the act of presenting or fabricating evidence as an offence. The term “fabricating evidence” has been defined in very specific detail for the purposes of Chapter XIII. But in short, the section has defined three specific actions as ‘fabricating evidence’:
If any of the above have been done for the purpose of ‘creating evidence’ which may be presented in the course of a proceeding with the intent of distorting the truth and causing the judge or presiding public officer from making an erroneous or wrong judgement, then it is considered as fabricating evidence.
Section 229 provides for two circumstances:
Both of the above are considered as equal offences under the provisions of Section 229.
Punishment
The punishment for fabricating or presenting evidence has been divided into two categories based on severity of the situation:
Explanation 1 clarifies that a court martial shall also be considered as a court proceeding for the purpose of this section. Explanation 2 clarifies that an investigation being conducted for the purpose of a judicial proceeding shall also be considered as a judicial proceeding even though it does not take place under the supervision of a judge. Explanation 3 further clarifies that an investigation specifically ordered by the court shall also be considered as a judicial proceeding even though the evidence is not presented in front of the judge.
The above actions may not be considered as “fabricating false evidence” under this section if:
However, there are other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Key Points in BNS Section 229
This section deals with: False evidence
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 229 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 229 of BNS replaces IPC Section 193. 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 |
|---|---|---|---|
| 229 | Punishment for false evidence. | 193 | Fine is defined in sub-section (1) as up to ten thousand rupees and in sub-section (2) as up to five thousand rupees. |
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FAQs about Section 229 of the Bharatiya Nyaya Sanhita (BNS)
What is the punishment for intentionally giving false evidence in a judicial proceeding under BNS Section 229?
Any person found guilty of giving or fabricating false evidence in a judicial case shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine which may extend to ten thousand rupees.
What happens if false evidence is given in a non-judicial case?
Any person found guilty of giving or fabricating false evidence in any case other than judicial cases 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.
Can individuals face both civil and criminal penalties for false evidence under Section 229?
No. Deliberately giving false evidence in any matter is considered a crime as there is intent to deceive or defraud. Civil matters are for disputes between various parties and not for crimes committed intentionally.
What role do forensic experts play in identifying false evidence under Section 229?
Forensic experts can analyse and segregate genuine evidence from the false ones and hence play a very important role in determining the validity of an evidence before it is taken into consideration.
What impact does Section 229 have on the integrity of legal systems?
By ensuring that any act of providing false evidence is punished in the most rigorous manner, Section 229 ensures that justice is not derailed by such actions. This in itself secures the integrity of the judicial system.
