BNS Section 233: Using Evidence Known To Be False
Section 233 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 233 specifically deals with presenting false evidence. Let us take a closer look at its provisions.
Definition of BNS Section 233
Section 233 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“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.”
Explanation and Illustration of Section 233
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of using false evidence. Let us break down the section to get a better understanding of it.
Offence
This section is a corollary to sections 229, 230 and 231 of the BNS.
Sec 229 deals with presenting or giving false evidence toa judiciary.
Sec. 230 deals with presenting or giving false vidence to a judiciary leading to capital punishment.
Sec. 231 deals with presenting or giving false evidence to a judiciary leading to life imprisonment or a prison sentence exceeding seven years.
The above sections specifically define the offence in two parts
Section 233 adds saying that giving or fabricating evidence is not restricted to the above two actions. It states that use of evidence that is known to be false shall also be treated as ‘giving or fabricating false evidence’. Corrupt use of evidence refers to using false evidence for purposes other than serving public justice or to deviate from delivering public justice.
It further states that not just the use, but even attempted use of false evidence shall be equally culpable under the provisions of this section. This means that even if the plot to use the false evidence does not succeed or is abandoned, the mere intent to carry out such an act shall also be punishable as criminal intent is as culpable as a criminal act under the BNS.
Punishment
The punishment shall be decided depending on the facts of the case. In other words, the punishment shall be the same as the section under which the facts of the case fit
Offence under Section 229 is punishable with a prison sentence of 3-7 years and a fine of ₹ 5,000-10,000.
Offence under Section 230 is punishable with a prison sentence of 10 years and a fine of ₹ 50,000 if the false evidence does not lead to death penalty. If the false evidence leads to death penalty, then the person who fabricated the evidence shall also be condemned to death.
Offence under Section 231 is punishable with the same punishment that the innocent man has received if the false evidence leads to conviction. If the evidence does not lead to a conviction then the offender will be punished with the same punishment that the innocent person would have received if the false evidence had lead to a conviction.
The above actions may not be an offence under this section if:
Key Points in BNS Section 233
This section deals with: Using evidence known to be false.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 233 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 233 of BNS replaces IPC Section 196. 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 |
|---|---|---|---|
| 233 | Using evidence known to be false | 196 | No change. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 233 of the Bharatiya Nyaya Sanhita (BNS)
What is the penalty for using false evidence under Section 233?
Any person found guilty under this section shall be punished in the same manner as if he gave or fabricated false evidence. In other words, they will be prosecuted under the provisions of Section 229.
Does this section cover attempting to use false evidence?
Yes. Intent is the most important aspect of any criminal act. It doesn’t matter if the false evidence was used or not. Any person even intending to use false evidence deliberately is an offender under this section.
How does Section 233 differ from giving or fabricating false evidence?
While giving and fabricating false evidence involves the direct involvement of the person who has created the false evidence, Section 233 deals with persons who may not be responsible for creating the false evidence but use it to their advantage for dishonest or fraudulent purposes.
Can Section 233 be applied retroactively?
Yes. The possibility of discovering false evidence after the sentencing is very possible and hence has been provided for under the BNS.
How does Section 233 address the use of false evidence in medical malpractice cases?
Section 233 covers all legal and judicial matters where false evidence has been used for dishonest purposes. If the case of medical malpractice involves use of false evidence, it shall be prosecuted under this section.
