Section 231 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 231 of the Bharatiya Nyāya Saṃhitā (BNS), 2023, which falls under Chapter XIV: False Evidence and Offences against Public Justice:
📜 Section 231 – Giving or fabricating false evidence (non‑capital offence)
Text:
“Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished in the same manner as a person convicted of that offence would be liable to be punished.”
Illustration:
“A gives false evidence before a Court intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term up to ten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or without fine.”
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🧩 Key Points
Applicability: Non-capital offences punishable by life or ≥ 7 years’ imprisonment.
Intent or Knowledge: Offence includes both giving and fabricating false evidence to procure such convictions.
Punishment: Same as that for the substantive offence attempted to be convicted (e.g., if it's dacoity, punishment mirrors that for dacoity).
Non‑bailable, non‑cognizable, and triable only by Court of Session (based on legal commentary).
🔍 Comparison with IPC
Section 231 of the BNS essentially mirrors Section 193 of the IPC, which penalizes giving false evidence—but the BNS extends the scope and punishment tiers to align with the severity of the offence attempted to be procured.
Section 230 BNS deals with capital offences (e.g., false evidence aiming at conviction for a punishable death penalty offence).
Section 231 BNS now covers non-capital offences with high severity (punishable with 7 + years or life).
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