BNS 229 — Punishment for false evidence.

Bharatiya Nyaya Sanhita, 2023

Statutory text

229. (1) Whoever intentionally gives false evidence in any stage of a
judicial  proceeding,  or  fabricates  false  evidence  for  the  purpose  of  being
used  in  any  stage  of  a  judicial  proceeding,  shall  be  punished  with
imprisonment of either description for a term which may extend to seven

years, and shall also be liable to fine  which  may extend to ten thousand
rupees.
(2)  Whoever  intentionally  gives  or  fabricates  false  evidence  in  any
case other than that referred to in sub-section (1), shall be punished with
imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine which may extend to five thousand
rupees.
Explanation 1.—A trial before a Court-martial is a judicial proceeding.
Explanation 2.—An  investigation  directed  by  law  preliminary  to  a
proceeding before a Court, is a stage of a judicial proceeding, though that
investigation may not take place before a Court.
Illustration.
A, in an enquiry before a Magistrate for the purpose of ascertaining
whether  Z  ought  to  be  committed  for  trial,  makes  on  oath  a  statement
which  he  knows  to  be  false.  As  this  enquiry  is  a  stage  of  a  judicial
proceeding, A has given false evidence.
Explanation 3.—An investigation directed by a Court according to law,
and  conducted  under  the  authority  of  a  Court,  is  a  stage  of  a  judicial
proceeding, though that investigation may not take place before a Court.
Illustration.
A, in an enquiry before an officer deputed by a Court to ascertain on
the spot the boundaries of land, makes on oath a statement which he knows
to be false. As this enquiry is a stage of a judicial proceeding, A has given
false evidence.
 Giving   or   fabricating   false   evidence   with   intent   to   procure
conviction of capital offence.

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