Introduction 

• Chapter XIV of the Bharatiya Nyaya Sanhita, 2023 (BNS) provides for offences related to false evidence. 
• Section 227 to Section 248 of BNS provides for offences related to false evidence.  

Section 227: Giving False Evidence 

• This section defines false evidence as making a statement which is false, when legally bound to state the truth. 
• The person must either know the statement is false or not believe it to be true. 
• False evidence can be given verbally or in any other form. 
• A person can be guilty by falsely stating belief in something they do not believe, as well as by claiming knowledge they do not possess. 

Section 228: Fabricating False Evidence 

• This involves creating circumstances, making false entries in records, or creating documents containing false statements. 
• The intent must be for such falsifications to appear as evidence in judicial or legal proceedings. 
• The purpose must be to cause someone evaluating the evidence to form an erroneous opinion on a material point. 

Section 229: Punishment for False Evidence 

• Subsection (1): False evidence in judicial proceedings carries imprisonment up to seven years and a fine up to ten thousand rupees. 
• Subsection (2): False evidence in other cases carries imprisonment up to three years and a fine up to five thousand rupees. 
• Court-martial trials are considered judicial proceedings. 
• Law-directed investigations preliminary to court proceedings are considered stages of judicial proceedings. 
• Court-directed investigations conducted under court authority are also considered stages of judicial proceedings. 

Section 230: Giving or Fabricating False Evidence with Intent to Procure Conviction of Capital Offence 

• Subsection (1): A person who gives or fabricates false evidence intending to cause any person to be convicted of a capital offence shall be punished with life imprisonment or rigorous imprisonment up to ten years, and a fine up to fifty thousand rupees. 
• Subsection (2): If an innocent person is convicted and executed as a result of such false evidence, the person giving false evidence shall be punished either with death or the punishment specified in subsection (1). 

Section 231: Giving or Fabricating False Evidence with Intent to Procure Conviction of Offence Punishable with Imprisonment for Life or Imprisonment 

• This section applies to false evidence intended to cause conviction of non-capital offences that are punishable with life imprisonment or imprisonment for seven years or more. 
• The punishment shall be the same as what the falsely accused person would receive if convicted of that offence. 

Section 232: Threatening Any Person to Give False Evidence 

• Subsection (1): Whoever threatens another person with injury to person, reputation, or property with intent to cause that person to give false evidence shall be punished with imprisonment up to seven years, or with fine, or with both. 
• Subsection (2): If an innocent person is convicted and sentenced to death or imprisonment for more than seven years as a consequence of such threatened false evidence, the person who made the threat shall receive the same punishment and sentence as given to the innocent person. 

Section 233: Using Evidence Known to Be False 

• Any person who corruptly uses or attempts to use evidence knowing it to be false or fabricated shall be punished in the same manner as if he gave or fabricated false evidence. 

Section 234: Issuing or Signing False Certificate 

• Whoever issues or signs a certificate required by law, knowing or believing it to be false in any material point, shall be punished in the same manner as if he gave false evidence. 
• This applies to certificates that are legally admissible as evidence or required by law. 

Section 235: Using as True a Certificate Known to Be False 

• Any person who corruptly uses or attempts to use a certificate knowing it to be false in any material point shall be punished in the same manner as if he gave false evidence. 

Section 236: False Statement Made in Declaration Which Is by Law Receivable as Evidence 

• This section applies to declarations that courts, public servants, or others are legally authorized to receive as evidence. 
• If a person makes a false statement in such a declaration, knowing it to be false or not believing it to be true, on any material point, they shall be punished in the same manner as if they gave false evidence. 

Section 237: Using as True Such Declaration Knowing It to Be False 

• Whoever corruptly uses or attempts to use as true any declaration, knowing it to be false in any material point, shall be punished in the same manner as if they gave false evidence. 
• A declaration inadmissible merely due to informality still falls within the meaning of sections 236 and 237. 

Section 238: Causing Disappearance of Evidence of Offence, or Giving False Information to Screen Offender 

• This applies to anyone who, knowing an offence has been committed, either causes evidence to disappear or gives false information to protect the offender. 
• The punishment varies according to the severity of the screened offence:  
• For capital offences: Imprisonment up to seven years and fine. 
• For offences punishable with life imprisonment or imprisonment up to ten years: Imprisonment up to three years and fine. 
• For other offences: Imprisonment up to one-fourth of the maximum term provided for the original offence, or fine, or both. 

Section 239: Intentional Omission to Give Information of Offence by Person Bound to Inform 

• Whoever intentionally omits to give information about an offence that they are legally bound to report shall be punished with imprisonment up to six months, or with fine up to five thousand rupees, or with both. 

Section 240: Giving False Information Respecting an Offence Committed 

• Whoever gives false information about an offence shall be punished with imprisonment up to two years, or with fine, or with both. 
• The explanation clarifies that "offence" in sections 238, 239, and 240 includes certain acts committed outside India that would be punishable under specified sections if committed in India. 

Section 241: Destruction of Document or Electronic Record to Prevent Its Production as Evidence 

• This section applies to anyone who secretes, destroys, obliterates, or renders illegible any document or electronic record that they may be legally compelled to produce. 
• The act must be done with the intention of preventing the document from being produced or used as evidence in court or before a public servant. 
• The punishment is imprisonment up to three years, or fine up to five thousand rupees, or both. 

Section 242: False Personation for Purpose of Act or Proceeding in Suit or Prosecution 

• Whoever falsely impersonates another person and in that assumed character makes admissions, statements, confesses judgment, causes process to be issued, becomes bail or security, or performs any other act in a suit or criminal prosecution. 
• The punishment is imprisonment up to three years, or fine, or both. 

Section 243: Fraudulent Removal or Concealment of Property to Prevent Its Seizure 

• This section prohibits fraudulently removing, concealing, transferring, or delivering property to prevent its seizure as forfeiture or in satisfaction of a fine or court order. 
• The prohibition applies to property subject to existing or anticipated court sentences, decrees, or orders. 
• The punishment is imprisonment up to three years, or fine up to five thousand rupees, or both. 

Section 244: Fraudulent Claim to Property to Prevent Its Seizure 

• This applies to anyone who fraudulently accepts, receives, or claims property knowing they have no right to it. 
• It also covers practicing deception about property rights to prevent seizure as forfeiture or in execution of a court decree. 
• The punishment is imprisonment up to two years, or fine, or both. 

Section 245: Fraudulently Suffering Decree for Sum Not Due 

• This covers fraudulently causing or allowing a decree to pass against oneself for a sum not due, for a larger sum than due, or for property to which the other party is not entitled. 
• It also includes fraudulently allowing execution of a decree after it has been satisfied. 
• The punishment is imprisonment up to two years, or fine, or both. 

Section 246: Dishonestly Making False Claim in Court 

• This section applies to anyone who fraudulently, dishonestly, or with intent to injure or annoy any person, makes a claim in court knowing it to be false. 
• The punishment is imprisonment up to two years and fine. 

Section 247: Fraudulently Obtaining Decree for Sum Not Due 

• This covers fraudulently obtaining a decree or order against any person for a sum not due, for a larger sum than due, or for property to which one is not entitled. 
• It also includes fraudulently causing execution of a satisfied decree, or permitting such acts to be done in one's name. 
• The punishment is imprisonment up to two years, or fine, or both. 

Section 248: False Charge of Offence Made with Intent to Injure 

• This applies to anyone who, with intent to cause injury, institutes criminal proceedings against another person or falsely charges them with an offence. 
• The accused must know there is no just or lawful ground for such proceeding or charge. 
• The punishment varies according to the severity of the false charge:  
• Subsection (a): For general false charges: Imprisonment up to five years, or fine up to two lakh rupees, or both. 
• Subsection (b): For false charges of offences punishable with death, life imprisonment, or imprisonment for ten years or more: Imprisonment of either description (specific term not mentioned in the provided text).

Conclusion

The provisions of Chapter XIV (Sections 227-248) of the Bharatiya Nyaya Sanhita, 2023 establish a comprehensive framework to maintain the integrity of the judicial system by criminalizing various forms of false evidence and fraudulent legal practices. These provisions demonstrate the law's commitment to ensuring truth and justice in legal proceedings through graduated penalties proportionate to the severity and consequences of the offences.