BNS Chapter XIV protects the integrity of the judicial process. Its provisions penalise those who corrupt evidence, obstruct investigations, screen offenders from justice, or abuse the process by making false charges. The chapter is long (S.227 to S.269) but falls into clear sub-groups.
BNS S.227 = IPC S.191 (giving false evidence). BNS S.228 = IPC S.192 (fabricating). BNS S.229 = IPC S.193 (punishment). BNS S.230 = IPC S.194 (false evidence to procure capital conviction). BNS S.238 = IPC S.201 (causing disappearance of evidence). BNS S.248 = IPC S.211 (false charge). Confidence: high, directly verified.
Giving False Evidence (S.227)
"Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false and which he either knows or believes to be false or does not believe to be true, is said to give false evidence."
Key Points
- The statement must be made under oath or legal obligation.
- It must be false: actually untrue.
- The maker must know it is false, or believe it to be false, or not believe it to be true (three alternative mental states, all satisfying mens rea).
- A statement may be verbal or otherwise (Explanation 1).
- A false statement as to belief (saying "I believe" when he does not) is covered (Explanation 2).
Fabricating False Evidence (S.228)
"Whoever causes any circumstance to exist or makes any false entry in any book, record, or electronic record, or makes any document or electronic record containing a false statement, intending that such circumstance, entry or statement may appear in evidence in a judicial or other proceeding, and may cause an erroneous opinion on a material point, is said to fabricate false evidence."
The distinction from S.227: Giving false evidence is oral (testimony). Fabricating false evidence is creating physical or documentary evidence (planting items, forging records, altering documents).
Punishment (S.229)
| Sub-section | Situation | Punishment |
|---|---|---|
| (1) | False evidence or fabrication in a judicial proceeding | Up to 7 years + fine up to Rs. 10,000 |
| (2) | False evidence or fabrication in any other case | Up to 3 years + fine up to Rs. 5,000 |
Explanations:
- A trial before a Court Martial is a judicial proceeding.
- An investigation directed by law preliminary to a Court proceeding is a stage of a judicial proceeding.
- An investigation directed and conducted under authority of a Court is a stage.
Aggravated Forms (S.230, S.231, S.232)
| Section | Aggravation | Punishment |
|---|---|---|
| S.230(1) | False evidence with intent to procure conviction of a capital offence | Life imprisonment, or up to 10 years RI + fine up to Rs. 50,000 |
| S.230(2) | If an innocent person is executed in consequence | Death, or punishment under S.230(1) |
| S.231 | False evidence to procure conviction of offence punishable with life or 7+ years | Same punishment as the person convicted would face |
| S.232 | Threatening a person to give false evidence | Up to 7 years, or fine, or both; if innocent person convicted and sentenced: same punishment as imposed on the innocent |
Screening Offenders and Related Offences
| Section | Offence | Punishment |
|---|---|---|
| S.238 | Causing disappearance of evidence of offence, or giving false information to screen offender | Death-punishable offence: up to 7 years + fine. Life-punishable: up to 3 years. Others: up to 1/4 of max |
| S.239 | Intentional omission to give information (by person bound to inform) | Up to 6 months or Rs. 5,000 |
| S.240 | Giving false information respecting an offence committed | Up to 2 years, or fine, or both |
| S.241 | Destroying document or electronic record to prevent production as evidence | Up to 3 years, or Rs. 5,000, or both |
| S.248 | False charge with intent to injure | Up to 5 years, or Rs. 2 lakhs, or both. If capital offence charged: up to 10 years + fine |
| S.249 | Harbouring offender | Graduated by offence seriousness: up to 5 years (death); 3 years (life); 1/4 of max (others). Spouse excepted |
Resistance to Lawful Apprehension (S.262 to S.265)
| Section | Offence | Punishment |
|---|---|---|
| S.262 | Resistance or obstruction to own lawful apprehension | Up to 2 years, or fine, or both |
| S.263 | Resistance or obstruction to apprehension of another | Up to 2 years (general); up to 7 years (capital/death offence) |
| S.269 | Failure to appear in Court after release on bail | Up to 1 year, or fine, or both (in addition to punishment for the offence itself + forfeiture of bond) |
S.226 vs S.248: Both Involve Falsehoods, Different Targets
| Basis | S.217 (Ch.XIII: False info to injure via public servant) | S.248 (Ch.XIV: False charge with intent to injure) |
|---|---|---|
| Context | Information given to a public servant to misuse his power | Instituting criminal proceedings on a false charge |
| Forum | Administrative (public servant in general) | Judicial (criminal proceedings) |
| Gravity | Up to 1 year | Up to 5 years (or 10 for capital false charge) |
| Intent | To cause public servant to injure another | To cause injury by subjecting the person to criminal prosecution |
Recall Check
- What is the distinction between giving false evidence (S.227) and fabricating false evidence (S.228)?
- What is the maximum punishment where false evidence leads to execution of an innocent person?
- What offence does a person commit who destroys evidence knowing an offence has been committed?
- Is the spouse of an offender liable for harbouring?
Distinctions
| Basis | Giving False Evidence (S.227) | Fabricating False Evidence (S.228) |
|---|---|---|
| Nature | Oral statement (testimony) | Creating physical circumstances, documents, records |
| Medium | Words under oath | Planting objects, forging records, creating false entries |
| Example | A witness testifies falsely that he saw the accused at the scene | A person plants a weapon at the accused's house |
| Punishment | Same (S.229) | Same (S.229) |
| Basis | S.238 (Causing Disappearance of Evidence) | S.241 (Destroying Document to Prevent Production) |
|---|---|---|
| Object | Evidence of an offence (any kind) | A document or electronic record that may be compelled to be produced |
| Purpose | To screen the offender from punishment | To prevent its use as evidence in a proceeding |
| Knowledge | Knows or has reason to believe offence committed | Knows it may be required as evidence |
| Punishment | Graduated by seriousness of the offence screened | Up to 3 years or Rs. 5,000 or both |
| Basis | S.248 (False Charge) | S.240 (Giving False Information about an Offence) |
|---|---|---|
| Nature | Instituting criminal proceedings or making a charge with intent to injure | Giving false information about an offence that has been committed |
| Intent | To subject the person to criminal prosecution | To mislead the investigation |
| Victim | The person falsely charged | The administration of justice |
| Punishment | Up to 5 years (or 10 if capital) | Up to 2 years |
Flashcards
What is the punishment for giving false evidence in a judicial proceeding (S.229(1))?
Up to 7 years imprisonment plus fine up to Rs. 10,000.
What happens if false evidence leads to the execution of an innocent person (S.230(2))?
The person giving false evidence shall be punished with death, or with the punishment in S.230(1) (life or up to 10 years).
What is the distinction between S.227 and S.228?
S.227 is giving false evidence (oral testimony under oath). S.228 is fabricating false evidence (creating physical circumstances, documents or records intended to appear as evidence).
Is the spouse of an offender liable for harbouring under S.249?
No. The Exception expressly excludes harbouring by the spouse.
What does S.238 cover?
Causing disappearance of evidence of an offence, or giving false information to screen the offender from punishment. Punishment is graduated by the seriousness of the offence screened.
Exam Scenario
Problem: Witness Arjun testifies in a murder trial that he saw the accused at the crime scene at 10 p.m. In fact, Arjun was not present and has no knowledge of the events. The accused is convicted and sentenced to death. It is later discovered that Arjun was paid Rs. 5 lakhs by the victim's family to give this testimony. Separately, Bharat, who actually saw the murder being committed, destroys the CCTV footage from his shop to protect the accused, who is his friend. Advise on the liability of Arjun and Bharat.
Step 1: Test Arjun under S.227 and S.229(1)
| Element | Arjun |
|---|---|
| Legally bound by oath to state the truth | Yes: witness testifying in a murder trial |
| Statement is false | Yes: he was not present and has no knowledge |
| Knows it to be false | Yes: he accepted payment to testify falsely |
| In a judicial proceeding | Yes: a murder trial |
Arjun is liable under S.229(1): up to 7 years + fine.
Step 2: Test Arjun under S.230
| Element | Arjun |
|---|---|
| Gave false evidence with intent to procure conviction of a capital offence | Yes: murder is punishable with death under S.103 |
| An innocent person was convicted and executed | Yes (on the facts) |
S.230(2) applies: Arjun shall be punished with death or with life imprisonment / up to 10 years RI + fine.
Step 3: Test whether the family that paid Arjun is liable
The family instigated Arjun to give false evidence (S.45(a) read with S.230). Under S.232, whoever threatens a person to give false evidence is punishable; paying money to induce false testimony is instigation under S.45 and abetment under S.49.
The family members are liable as abettors of S.230: same punishment as Arjun.
Step 4: Test Bharat under S.238
| Element | Bharat |
|---|---|
| Knows an offence (murder) has been committed | Yes: he witnessed it |
| Causes evidence to disappear | Yes: destroys the CCTV footage |
| Intention of screening the offender from punishment | Yes: he is protecting his friend |
| The offence screened is punishable with death | Yes: murder |
S.238(a) applies: imprisonment up to 7 years + fine.
S.230(2) carries the death penalty. This is the only section in the BNS where a witness (not the actual killer) can face death. The severity reflects the betrayal of the judicial oath and the irreversible consequence.
Destroying evidence is S.238, not S.241. S.241 is for destroying a document to prevent its production when lawfully compelled. S.238 is for causing disappearance of evidence of an offence with the intent to screen. Here Bharat acts to screen, so S.238 is the correct charge.
Conclusion. Arjun: S.230(2), punishable with death (innocent person executed). Bharat: S.238(a), up to 7 years (screening a murder offender by destroying evidence). The family: abetment of S.230.
See Also
- Offences by and Relating to Public Servants : S.212 and S.217 (false information to public servants), the lesser form.
- Abetment : the family's liability as instigators of Arjun's perjury.
- EVID-2.2 Confessions : the evidentiary treatment of false statements and their admissibility.