Section 140 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Bharatiya Sakshya Adhiniyam (BSA), 2023 – Section 140
1. General Context of the Act
The Bharatiya Sakshya Adhiniyam, 2023 is the new Indian Evidence Act, which governs:
The admissibility of evidence in courts.
Rules regarding documents, oral testimony, electronic records, and expert evidence.
Principles of burden of proof, presumption, and relevancy in legal proceedings.
It is a comprehensive update to the earlier Evidence Act of 1872.
2. Section 140: Offense Related to False Evidence or Fabrication
Purpose of Section 140:
Section 140 deals with criminal liability for knowingly presenting false evidence or tampering with documents or evidence in legal proceedings. The aim is to ensure the integrity of judicial processes.
Key Elements of Section 140:
Whoever, with intent to mislead — this applies to witnesses, parties, or anyone involved in a proceeding.
Falsely represents facts or evidence — this includes:
Giving false oral testimony in a court.
Producing fabricated documents.
Tampering with or destroying evidence to prevent its use in court.
Knowledge and intention are crucial — it must be proven that the person knew the evidence was false and acted with the intent to deceive the court.
Criminal liability — the person is punishable with:
Imprisonment (typically 3–7 years, depending on severity).
Fine, which may vary according to the damage or value of evidence.
3. Illustrative Scenarios Covered by Section 140
A witness submits a forged contract to mislead the court in a civil dispute.
A party destroys CCTV footage relevant to a criminal case to weaken the prosecution’s evidence.
An expert gives a fabricated report in court knowing it is false.
A person knowingly swears a false affidavit to influence judicial proceedings.
In all these cases, Section 140 applies to protect the integrity of evidence.
4. Relationship with Other Sections
Section 141: Defines the duty of parties and witnesses to provide truthful evidence.
Section 142: Provides presumptions regarding electronic records.
Section 140 is specifically punitive, focusing on intentional deception or falsification.
5. Purpose and Legal Significance
Deters fabrication of evidence: Section 140 creates a direct criminal consequence for false testimony or document tampering.
Protects the judicial process: Courts rely on accurate evidence; this section strengthens trust in judicial outcomes.
Clarifies mens rea: Mere mistake is not enough; there must be knowledge and intent to mislead.
In short, Section 140 of BSA 2023 criminalizes knowingly producing or tampering with evidence to mislead a judicial proceeding, with serious penalties to ensure judicial integrity.
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