BNS Section 231: Giving Or Fabricating False Evidence With Intent To Procure Conviction Of Offence Punishable With Imprisonment For Life Or Imprisonment
Section 231 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 specifically deals with fabricating evidence. Let us take a closer look at its provisions.
Definition of BNS Section 231
Section 231 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“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.
Explanation and Illustration of Section 231
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 false evidence. Let us break down the section to get a better understanding of it.
Offence
The section defines the offender as any person who fabricates false evidence, intending to have someone convicted of a crime that can lead to imprisonment for life or imprisonment for any term that exceeds seven years. 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’:
Section 231 provides for two circumstances:
The person presenting the evidence may not be the same as the one fabricating the evidence. However, both shall be equally culpable under the provisions of this section.
If any person performs any of the above actions with the implicit intention of causing someone to be falsely convicted in a crime which is punishable with imprisonment for life or imprisonment for any term that exceeds seven years, then he or she is an offender under the provisions of this section.
It further clarifies that even knowing it to be likely is to be considered as an offence. In other words, it may not be the intention of the person fabricating the evidence to cause the death of an innocent person. It may be done out of self interest rather than an intent of causing injury. However, knowing that such an action is likely to cause an innocent person to be convicted with capital punishment still counts as an equally culpable offence under the provisions of this section.
Punishment
Any person fabricating or presenting evidence that can lead to a conviction of imprisonment for life or imprisonment for any term that exceeds seven years shall be given the same sentence that the innocent person was likely to receive or has received as a consequence of the fabricated evidence.
The above actions may not be an offence 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 231
This section deals with: False evidence
Description of offence:
Punishment for offence:
Any person found guilty under this section shall be punished with imprisonment and fine where:
Exceptions to offence:
Differences Between Section 231 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 231 of BNS replaces IPC Section 195. 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 |
|---|---|---|---|
| 231 | Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment. | 195 | No change. |
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FAQs about Section 231 of the Bharatiya Nyaya Sanhita (BNS)
What are the penalties under Section 231 for giving or fabricating false evidence?
If the false evidence leads to imprisonment for life, then the person responsible for the false evidence shall also be sentenced to imprisonment for life. If the false evidence leads to imprisonment for a term greater than seven years, then the person responsible for the false evidence shall also be sentenced to the same prison term as the innocent person was sentenced to.
How does Section 231 differ from Section 230?
Section 230 deals with false evidence leading to death. Section 231 deals with false evidence leading to imprisonment.
Can Section 231 be invoked in politically motivated cases?
Yes. False evidence in any kind of judicial proceeding is punishable under this section irrespective of the nature of the case.
Can Section 231 be applied retroactively if false evidence is discovered later?
Yes. The possibility of discovering false evidence after the sentencing is very possible and hence has been provided for under the BNS.
What role do forensic experts play in Section 231 investigations?
Forensic experts can analyse and segregate genuine evidences from the false ones and hence play a very important role in determining the validity of an evidence before it is taken into consideration.
