Section 227 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 227 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which corresponds to Section 191 of the Indian Penal Code, 1860 (IPC), addresses the offense of giving false evidence.(prashantkanha.com)
Key Provisions of Section 227
1. Definition of False Evidence:
An individual is said to give false evidence if, being legally bound by an oath or by law to state the truth or to make a declaration upon any subject, they make a statement that is false and which they either know or believe to be false, or do not believe to be true.(ipclaws.in)
2. Scope of False Statements:
The false statement can be made verbally or otherwise. Additionally, a false statement regarding the person's belief is also considered false evidence. Therefore, a person may be guilty of giving false evidence by stating that they believe something which they do not believe, as well as by stating that they know something which they do not know.(ipclaws.in, prashantkanha.com, aaptaxlaw.com)
Illustrations
(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence.(thebharatiyanyayasanhita.in)
(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.(ipclaws.in)
(c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence.(vidhiadda.com)
(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.(thebharatiyanyayasanhita.in)
(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.(thebharatiyanyayasanhita.in)
Legal Consequences
The BNS does not specify the punishment for giving false evidence under Section 227. However, under Section 191 of the IPC, the punishment for giving false evidence is imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. If the false evidence is given in a judicial proceeding, the punishment may be more severe.
Summary
Section 227 of the Bharatiya Nyaya Sanhita, 2023 emphasizes the importance of truthfulness in legal proceedings. It criminalizes the act of giving false evidence by individuals who are legally bound to provide truthful information under an oath or other legal obligations. This provision aims to uphold the integrity of the judicial system by holding accountable those who intentionally misrepresent facts, whether through oral statements, written documents, or translations
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