Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Chapter XIV > Offences Punishable in the Same Way as Giving or Fabricating False Evidence(Ss. 233 to 237 BNS)
Information is used as evidence in court to establish the truth or existence of a claim. According to the Bharatiya Nyaya Sanhita, 2023 (BNS), providing false testimony or inventing false testimony is illegal. Sections 227 and 229 of the BNS’s Chapter XIV explicitly refer to the provisions of “manufacturing false evidence” and “providing false evidence.” Giving false evidence is different from fabricating, which refers to making up information with the goal of deceit or making false statements in order to sway a jury’s decision. In this article, we shall discuss offences punishable in the same way as giving or fabricating false evidence and using fabricated evidence.
Offences Punishable in the Same Way as Giving or Fabricating False Evidence
Section 233 BNS:
Using Evidence Known to be False:
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.
Ingredients of Section 233 BNS:
- The accused uses or attempts to use as true or genuine evidence any evidence
- He knows that the evidence is false or fabricated
- He does it with corrupt intention.
Punishment:
Same manner as if he gave or fabricated false evidence.
Nature of Offence:
The offence under this Section is Non-cognizable, according as offence of giving such evidence is bailable or nonbailable, triable by a Court by which offence of giving or fabricating false evidence is triable.
Section 233 of the Bharatiya Nyaya Sanhita, 2023 prescribes punishment for using false evidence as true and genuine with knowledge to be false similar to the punishment prescribed for giving false evidence or fabricating false evidence under section 229 of the Bharatiya Nyaya Sanhita, 2023.
A person when uses evidence which he knows it to be false comes under Section 233 BNS. Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be fabricated or false evidence. The intention which does not fall in dishonestly or fraudulently but against the spirit of criminal law then it comes under the category of corruptly.
In Dr. S. Dutt vs State Of Uttar Pradesh, AIR 1966 SC 523 case, where a doctor S Dutta who specialized in the field of medicine and he was called for an expert witness where he was asked to furnish the certificate as he was an expert. Now he had furnished certificate but after some time in enquiry, it was found that it was false. Now the court enquires under which section the accused must be charged. Section 465 talks about dishonesty and Section 471 talks about fraudulently but the conduct of Dr Dutta did not come under dishonestly or fraudulently. Supreme Court held that the conduct of Dr Dutta should be covered under Section 196 under a phrase corruptly. Corruptly is a term (long) which is different from fraudulently and intention.
Section 234 BNS:
Issuing or Signing False Certificate:
Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.
Ingredients of Section 234 BNS:
- The accused issued or signed a certificate;
- Such certificate was required in law to be issued or signed;
- It related to admission of a fact;
- It is legally admissible in evidence;
- The certificate is false on material particulars;
- The accused knew or had reason to believe that it was false.
Punishment:
Same manner as if he gave or fabricated false evidence.
Nature of Offence:
The offence under this Section is Non-cognizable, bailable, triable by a Court by which offence of giving or fabricating false evidence is triable.
Section 234 of the Bharatiya Nyaya Sanhita, 2023 prescribes punishment for issuing or signing false certificate that is admissible in evidence by virtue of operation of law, similar to the punishment prescribed for giving false evidence under section 229 of the Bharatiya Nyaya Sanhita, 2023.
Section 235 BNS:
Using as True a Certificate Known to be False:
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.
Ingredients of Section 235 BNS:
- False certificate was issued by the accused;
- It was acted upon by the accused as true;
- The accused used it corruptly
Punishment:
Same manner as if he gave or fabricated false evidence.
Nature of Offence:
The offence under this Section is Non-cognizable, bailable, triable by a Court by which offence of giving or fabricating false evidence is triable.
Section 235 of the Bharatiya Nyaya Sanhita, 2023 prescribes punishment for using a false certificate as a true certificate with knowledge that the said certificate is a false certificate, similar to the punishment prescribed for giving false evidence under section 229 of the Bharatiya Nyaya Sanhita, 2023.
Section 236 BNS:
False Statement Made in Declaration Which is By Law Receivable as Evidence:
Whoever, in any declaration made or subscribed by him, which declaration any Court, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.
Punishment:
Same manner as if he gave or fabricated false evidence.
Nature of Offence:
The offence under this Section is Non-cognizable, bailable, triable by a Court by which offence of giving or fabricating false evidence is triable.
In Dy.GM, ISBT Vs Sudarshan Kumari, AIR 1996 SC 1894 case the Court held that an oath was taken in this case which was taken on the name of a notary which does not exist so it was said that it was a clear violation of Section 199 of Indian Penal Code.
Section 237 BNS:
Using as True Such Declaration Knowing it to be False:
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 sections 199 and 200.
Ingredients of Section 237 BNS:
- The accused made a false declaration;
- The declaration was false in material particulars;
- The accused knew it to be false;
- The accused used or attempted to use such declaration;
- It was done corruptly;
- The declaration was admissible in evidence.
Punishment:
Same manner as if he gave or fabricated false evidence.
Nature of Offence:
The offence under this Section is Non-cognizable, bailable, triable by a Court by which offence of giving or fabricating false evidence is triable.
Section 237 of BNS prescribes punishment for using a false declaration as true with knowledge that the said declaration is false, similar to the punishment prescribed for giving false evidence or fabricating false evidence under section 229 BNS.
In Amarsang Nathaji vs.Hardhik Harshadbhai Patel, AIR 2016 SC 5384 case, the Court held that making of a contradictory statement in a judicial proceeding is not sufficient to justify prosecution under section 199 and 200 of the Indian Penal Code but it must be shown that the defendant has intentionally given a false statement or fabricated false evidence for the purpose of using the same at any stage of judicial proceedings.
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