Section 130 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 130 – Bharatiya Sakshya Adhiniyam (BSA), 2023
Paraphrased Text for Clarity:
“Any person who knowingly gives false evidence, fabricates evidence, or submits forged documents in any judicial proceeding or investigation shall be punished with imprisonment and/or fine as prescribed under this Act.”
1. Key Principle
Section 130 is essentially about punishment for giving false or fabricated evidence.
Its main aim is to protect the integrity of judicial proceedings and prevent obstruction of justice.
This section applies to witnesses, parties to a case, or any person supplying documents or testimony in court or investigations.
2. Key Elements
For a successful prosecution under Section 130, the following elements must be satisfied:
False Evidence or Fabrication
Evidence must be knowingly false, meaning the person intended to mislead the court.
Examples include lying in testimony, submitting fake documents, or producing counterfeit electronic records.
Knowledge or Intent (Mens Rea)
The person must know that the evidence is false.
Mistaken or inaccurate testimony without knowledge of falsity is not punishable under Section 130.
Judicial or Investigative Context
The false evidence must be presented in a judicial proceeding (civil or criminal case) or official investigation.
Submission of Forged Documents
Covers forged contracts, certificates, identity documents, or other official records.
3. Punishment
Imprisonment: Usually ranges from 6 months to 7 years, depending on severity.
Fine: Court may impose a fine in addition to imprisonment.
Aggravation: Longer sentences if the false evidence leads to wrongful conviction or miscarriage of justice.
4. Distinction from Related Sections
| Section | Key Difference from Section 130 |
|---|---|
| Section 128 BSA | Penalizes general false statements under oath, not necessarily evidence fabrication. |
| Section 129 BSA | Deals with omission or concealment of evidence, whereas 130 deals with active fabrication or submission of false documents. |
| Section 130 BSA | Covers intentional, knowing fabrication that could mislead judicial authorities. |
5. Illustrative Examples
Example 1 – False Testimony
Witness claims they saw the accused commit a crime, knowing they were not present.
Punishable under Section 130 for knowingly giving false evidence.
Example 2 – Forged Document
A party submits a forged property deed in a civil case to claim ownership.
Section 130 applies because the document was knowingly forged to mislead the court.
Example 3 – Fabricated Digital Evidence
Submitting edited emails or chat records as evidence in court.
Punishable under Section 130, as it constitutes fabrication intended to mislead.
Example 4 – Expert Witness Fraud
An expert submits false forensic reports to support a client’s claim.
Falls under Section 130 because of knowingly false evidence in a judicial proceeding.
6. Legal Significance
Maintains Judicial Integrity: Prevents wrongful convictions or miscarriages of justice caused by false evidence.
Deterrent Effect: Warns witnesses and parties against lying or submitting forged documents.
Overlap with Criminal Law: If false evidence leads to serious harm or miscarriage of justice, other criminal provisions like perjury, forgery, or obstruction of justice may also apply.
7. Summary
Section 130 BSA, 2023 → Punishment for knowingly giving false evidence or submitting forged documents.
Who it applies to: Witnesses, parties, or any person submitting evidence.
Key Elements:
Evidence must be knowingly false.
Submitted in a judicial proceeding or investigation.
Includes documents, oral testimony, or digital evidence.
Punishment: Imprisonment, fine, or both; severity increases if miscarriage of justice occurs.
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