BNS Section 237: Using As True Such Declaration Knowing It To Be False
Section 237 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 237 specifically deals with false declarations. Let us take a closer look at its provisions.
Definition of BNS Section 237
Section 237 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
Explanation.—A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of section 236 and this section.”
Explanation and Illustration of BNS Section 237
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 declaration. 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 to a judiciary.
Sec. 230 deals with presenting or giving false evidence 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 237 adds saying that giving or fabricating evidence is not restricted to the above two actions. It states that using a declaration as evidence despite knowing that it is a false declaration shall also be treated as ‘giving or fabricating false evidence’. Corrupt use of false declaration refers to using the false declaration 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 declaration 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 237
This section deals with: Using false declaration
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 237 of BNS replaces IPC Section 199. 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 |
|---|---|---|---|
| 237 | Using as true such a declaration knowing it to be false. | 199 | No change. |
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FAQs about Section of the Bharatiya Nyaya Sanhita (BNS)
What is the difference between giving false evidence and using a false declaration?
Technically, giving false evidence requires a person to make a false statement under oath. While making a false declaration falls under the same umbrella as giving false evidence, using a false declaration involves using a false statement made by someone else. However, for legal purposes, using false declaration is considered the same as giving false evidence and is punishable also accordingly.
What are the legal consequences of being convicted under BNS Section 237?
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.
Can this offence be settled outside court?
No. Only civil matters are allowed to be settled outside court. Criminal matters have to take due course of law and the guilty will be punished accordingly, even if the victim of the crime does not wish it.
What should a victim do if affected by a false declaration under Section 237?
A person who is aware of the use of false declarations in evidentiary matters should report the matter immediately to the closest police station.
Does Section 237 apply to false declarations in government subsidy claims?
No. Section 237 only deals with false declarations made specifically for evidentiary purposes as that amounts lying under oath.
Does Section 237 penalize false declarations in maritime law cases?
Yes. Section 237 deals with any kind of false declaration made for evidentiary purposes in any legal proceeding irrespective of the nature of the case.
