Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Chapter XIV > Aggravated Forms of False Evidence (Ss. 230 to 232 BNS)
False evidence, in any form, poses a significant threat to the integrity of the justice system. It undermines the pursuit of truth, distorts legal outcomes, and compromises the fairness of trials. While giving or fabricating false evidence is a serious offense, aggravated forms of false evidence represent a particularly heinous breach of legal and moral standards. These aggravated forms not only involve the creation or presentation of false information but also occur under circumstances that heighten their severity, often with more malicious intent or greater consequences.
Aggravated Forms of False Evidence
Aggravated false evidence includes situations where the offense is committed with specific intent to deceive or cause harm, such as in cases involving capital offenses, organized crime, or attempts to influence the outcome of high-stakes legal proceedings. These forms of false evidence may involve more complex or sophisticated forms of deception, such as the manipulation of forensic data, the creation of fraudulent documents, or orchestrating false testimony in ways that endanger public safety or individualsโ lives.
This article explores the various types of aggravated false evidence, examining the legal implications, the specific elements that make such cases more serious, and the penalties individuals may face if found guilty. It highlights the impact of these offenses on the legal system, the victims of wrongful convictions, and society as a whole, while emphasizing the need for stricter enforcement and stronger safeguards to prevent such injustices.Bottom of Form
Giving or Fabricating False Evidence with Intent to Procure Conviction of Capital Offence:
The act of giving or fabricating false evidence with the specific intent to procure the conviction of an innocent person for a capital offense (a crime punishable by death, such as murder or treason) is one of the most egregious offenses within the criminal justice system. It involves not only the manipulation of evidence but also the deliberate attempt to wrongfully convict someone of a crime that could result in their death.
Section 230 BNS:
Giving or Fabricating False Evidence with Intent to Procure Conviction of Capital Offence:
(1) 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 is capital by the law for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand rupees.
(2) If an innocent person be convicted and executed in consequence of false evidence referred to in sub-section (1), the person who gives such false evidence shall be punished either with death or the punishment specified in sub-section (1).
This offense is treated with extreme seriousness due to the grave consequences it has for both the individual wrongly convicted and society as a whole. When someone fabricates evidence or gives false testimony with the intention of securing a conviction in a capital case, they are not only interfering with justice but also putting an innocent personโs life at risk. The intentional nature of this crime makes it particularly malicious, as it reflects a conscious decision to manipulate legal proceedings for the purpose of achieving a severe and irreversible punishment. Fabricated evidence in such cases can involve altering physical evidence (e.g., forging documents, planting items at crime scenes, or manipulating forensic reports), while giving false evidence could involve perjury or false testimonies in court.
Ingredients of S. 230(1) BNS:
- The accused gives or fabricates a false evidence;
- He does it intentionally; and
- He knows that by this evidence the person under trial (innocent person) can be convicted for the offence and may be sentenced to capital punishment.
Punishment under Section 230(1):
- Imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand rupees.
Nature of Offence under Section 230(1):
The offence under Section 230(1) is Non-cognizable, Non-bailable, and triable by the Court of Session.
Ingredients of S. 230(2) BNS:
- The accused has given or fabricated a false evidence;
- He does it intentionally; and
- He knows that by this evidence the person under trial (innocent person) can be convicted for the offence and may be sentenced to capital punishment.
- The innocent person is convicted and executed
Punishment under Section 230(2):
- With death or the punishment specified in sub-section (1) or imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand rupees.
Nature of Offence under Section 230(2):
The offence under Section 230(2) is Non-cognizable, Non-bailable, and triable by the Court of Session.
Giving or Fabricating False Evidence with Intent to Procure Conviction of Life Imprisonment:
Section 231 BNS:
Giving or Fabricating False Evidence with Intent to Procure Conviction of Offence Punishable with Imprisonment for Life or Imprisonment:
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
Ingredients of Section 231 BNS:
- The accused gives or fabricates a false evidence;
- He does it intentionally; and
- He knows that by this evidence the person under trial (innocent person) can be convicted for the offence
- The punishment is not capital butย imprisonment for life to the innocent person.
Punishment under Section 231:
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.
Nature of Offence under Section 231:
The offence under Section 231 is Non-cognizable, Non-bailable, and triable by the Court of Session.
Section 231 of the Bharatiya Nyaya Sanhita, 2023 prescribes punishment for giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment for a term of 7 years or upwards shall be punished as a person convicted of that offence would be liable to be punished.
For example, Person X who is accused of dacoity and a person A gives false evidence due to which X is convicted of dacoity. The punishment of dacoity is life imprisonment or rigorous imprisonment of ten years and now if it has been proved that A has given false evidence or fabricated false evidence so he (accused of Section 231 BNS) would also get the same punishment that a person who is convicted of dacoity.
Threatening any Person to Give False Evidence
Section 232 BNS:
Threatening any Person to Give False Evidence
(1) Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
(2) If innocent person is convicted and sentenced in consequence of false evidence referred to in sub-section (1), with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentence in the same manner and to the same extent such innocent person is punished and sentenced.
Ingredients of Section 232(1) BNS:
- The accused threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested;
- Accused does it with intention; and
- The accused causes that person to give false evidence.
Punishment under Section 232(1) BNS:
Imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Nature of Offence under Section 232(1) BNS:
The offence under this Section is Cognizable, Non-bailable, and triable by the Court by which offence of giving false evidence is triable.
Ingredients of Section 232(2) BNS:
- The accused threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested;
- Accused does it with intention;
- The accused causes that person to give false evidence;
- โขThe innocent person is convicted and sentenced in consequence of false evidence, with death or imprisonment for more than seven years.
Punishment under Section 232(2) BNS:
The same punishment and sentence in the same manner and to the same extent such innocent person is punished and sentenced.
Nature of Offence under Section 232(2) BNS:
The offence under this Section is Cognizable, Non-bailable, and triable by the Court by which offence of giving false evidence is triable.
To come under Section 232 of the Bharatiya Nyaya Sanhita, 2023 the act must amount to threatening another with an injury to his person, reputation or property or to the person or reputation of anyone in whom that person is interested (eg. family, friends). The intention of the accused person should be to give false evidence.
Section 232 of the Bharatiya Nyaya Sanhita, 2023 prescribes punishment for threatening or inducing any person to give false evidence which is imprisonment of either description up to 7 years, or with fine, or with both, and where an innocent person is convicted and sentenced as a result of such false evidence then the accused would be punished as a person convicted of that offence would be liable to be punished.
Conclusion:
In conclusion, aggravated forms of false evidence under the Bharatiya Nyaya Sanhita, 2023 (BNS) represent serious offenses that undermine the integrity of the judicial system. Section 230, 231 1nd 232 of BNS address false evidence, with specific provisions for aggravated cases. Aggravated false evidence involves not just the act of presenting false information but doing so with intent to deceive or cause harm, often in more severe contexts such as perjury, fabricating evidence, or misleading courts in criminal or civil cases. This can significantly distort the truth-seeking process, leading to wrongful convictions, loss of justice, and the potential to harm innocent lives. These provisions aim to deter individuals from engaging in fraudulent activities that can damage the pursuit of justice. In sum, the lawโs response to aggravated false evidence is vital in preserving the credibility of the justice system and ensuring accountability for those who attempt to subvert it.
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