BNS 228 — Fabricating false evidence.

Bharatiya Nyaya Sanhita, 2023

Statutory text

228. Whoever causes any circumstance to exist or makes any false
entry in any book or record, or electronic record or makes any document
or  electronic  record  containing  a  false  statement,  intending  that  such
circumstance, false entry or false statement may appear in evidence in a
judicial proceeding, or in a proceeding taken by law before a public servant
as such, or before an arbitrator, and that such circumstance, false entry or
false statement, so appearing in evidence, may cause any person who in
such proceeding is to form an opinion upon the evidence, to entertain an
erroneous  opinion  touching  any  point  material  to  the  result  of  such
proceeding is said “to fabricate false evidence”.
Illustrations.
(a) A puts jewels into a box belonging to Z, with the intention that
they may be found in that box, and that this circumstance may cause Z to
be convicted of theft. A has fabricated false evidence.
(b) A makes a false entry in his shop-book for the purpose of using it
as corroborative evidence in a Court. A has fabricated false evidence.
(c)  A,  with  the  intention of causing  Z  to  be  convicted  of a criminal
conspiracy, writes a letter in imitation of Z’s handwriting, purporting to be
addressed to an accomplice in such criminal conspiracy, and puts the letter
in a place which he knows that the officers of the police are likely to search.
A has fabricated false evidence.
Punishment for false evidence.

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