Section 230 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 230 of the Bharatiya Nyaya Sanhita (BNS), 2023 — under Chapter XIV (False Evidence and Offences Against Public Justice) — addresses the grave crime of giving or fabricating false evidence with the intent to convict someone of a capital offence. Here's what it entails:
📝 Section 230 – Breakdown of Provisions
(1) Fabricating False Evidence for Capital Conviction
Offence: Intentionally providing or creating false evidence, with the aim (or awareness it may) cause someone to be found guilty of a capital offence (i.e., a crime punishable by death under Indian law).
Penalty:
Imprisonment for life, or
Rigorous imprisonment up to 10 years, plus
Fine up to ₹50,000 (bnssections.com, marriagesolution.in)
(2) Consequence of Wrongful Execution
If the victim is wrongfully convicted and executed because of this fabricated evidence, the fabricator faces even harsher punishment:
Death, or
The punishment described in Sub‑section (1) above (i.e., life or 10 years' rigorous imprisonment, plus fine) (marriagesolution.in, bnssections.com)
🧭 Key Highlights & Context
Chapter: Section 230 is part of Chapter XIV, which covers offences like giving or threatening false evidence, obstructing justice, etc.
Scope: Applies to anyone, regardless of citizenship or location, if the false evidence is intended for use in India. (vakilsearch.com)
Grave deterrent: The law imposes extremely severe penalties to safeguard the integrity of capital proceedings.
🧩 Example
Suppose A knowingly plants false evidence and provides testimony to frame B for murder. If B is then executed, A could face the death penalty or at least life imprisonment, plus a potential fine.
🧾 Summary Table
| Sub‑section | Act | Punishment |
|---|---|---|
| (1) | Fabricating false evidence to secure a capital conviction | Life imprisonment or Rigorous imprisonment ≤10 years + Fine ≤₹50,000 |
| (2) | If false evidence leads to wrongful execution | Death (or life/imprisonment + fine under sub‑sec (1)) |
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