BNS Section 235: Using As True A Certificate Known To Be False
Section 235 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 235 specifically deals with false certification. Let us take a closer look at its provisions.
Definition of BNS Section 235
Section 235 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.”
Explanation and Illustration of Section 235
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 235 adds saying that giving or fabricating evidence is not restricted to the above two actions. It states that using a certificate as evidence despite knowing that it is a false certificate shall also be treated as ‘giving or fabricating false evidence’. Corrupt use of false certificate refers to using the false certificate 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 led to a conviction.
The above actions may not be an offence under this section if:
Key Points in BNS Section 235
This section deals with: Knowingly using false certificates
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 235 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 235 of BNS replaces IPC Section 198. 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 |
|---|---|---|---|
| 235 | Using as true a certificate known to be false. | 198 | No change. |
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FAQs about Section 235 of the Bharatiya Nyaya Sanhita (BNS)
What is the punishment for using a false certificate under BNS Section 235?
Any person found guilty under this section shall be punished in the same manner as if he or she has given false evidence. In other words, he or she will be punished as per the provisions of Section 229.
Does the law treat using a false certificate the same as giving false evidence?
Yes. Using false certificates in evidentiary matters is considered the same as giving false evidence and the penalty is also the same as giving false evidence.
What should a victim do if affected by a false certificate under Section 235?
A person who is aware of the use of false certificates in evidentiary matter should report the matter immediately to the closest police station.
Does Section 235 penalize the use of fake project completion certificates?
No. Section 235 only deals with certificates issued specifically for evidentiary purposes as that amounts lying under oath. However, if a fake project completion certificate has been specifically issued to be used as evidence, then it shall fall under the provisions of section 235.
How does Section 235 ensure transparency in legal documentation?
Section 235 ensures transparency in legal documentation by penalising any person who provides false certification for legal purposes.
