BNS 235 : Using as true a certificate known to be false.

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Introduction of BNS 235

BNS 235 of the Bharatiya Nyaya Sanhita deals with the offence of knowingly using a false certificate as if it were genuine. Certificates such as medical, educational, property, or official documents hold legal value and are often treated as evidence in judicial or official proceedings. If someone knowingly presents a false certificate to deceive the court, an authority, or another individual, they are punishable in the same way as if they had given false evidence. This provision safeguards the integrity of legal documents and prevents their misuse for wrongful gains.

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The Bharatiya Nyaya Sanhita (BNS) Section 235 replaces the old Indian Penal Code (IPC) Section 198.

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What is BNS Section 235 ?

BNS Section 235 deals with the act of using or attempting to use a false certificate, knowing it to be false. If a person knowingly uses a certificate that is false in any material aspect as if it were true, they will be punished in the same way as someone who gives false evidence. This section is designed to prevent the misuse of fraudulent documents in legal and official processes.

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BNS 235 in Simple Points

“Whoever corruptly uses or attempts to use any certificate as true, knowing the same to be false in any material part, shall be punished in the same manner as if they gave false evidence.”

1. Meaning of “Using a Certificate Known to be False”

• A certificate is a legal or official document issued by an authority or person authorized by law (examples: medical certificate, educational degree, property ownership paper, financial audit certificate, etc.).
• Using a false certificate means producing or submitting it as if it were true, even though the person knows it is false.
• This includes:
  • Submitting a fake document in a court case.
  • Presenting a forged certificate to a government office for benefits.
  • Using a false certificate in legal or contractual obligations.
• The law focuses not on who created the false certificate, but on the one who knowingly uses it.

2. Key Ingredients of the Offence

For someone to be punished under BNS Section 235, these conditions must be proved:

1. The certificate is false → It contains untrue or fabricated information in any important part.
2. Knowledge of falsity → The accused must know or have reason to believe it is false.
3. Corrupt use → The accused must use or attempt to use the certificate to deceive or gain advantage.
4. Presented as true → The certificate must have been used in a situation where truthfulness is required (court, government office, investigation, etc.).

3. Punishment under BNS Section 235

• The punishment is the same as giving false evidence (BNS 227 & 229).
• Possible penalties:
  • Imprisonment (length depends on seriousness).
  • Fine (as determined by court).
  • Both imprisonment and fine.
• Example: If giving false evidence in a certain case attracts 3 years of imprisonment, using a false certificate knowingly in that case will also attract 3 years.

4. Nature of the Offence

• Non-Cognizable → Police need a warrant to arrest.
• Bailable → The accused has a right to apply for bail.
• Non-Compoundable → The matter cannot be settled privately; it must go through the court.
• Triable by the same court which tries offences related to false evidence.

5. Examples of BNS Section 235

• Example 1: Fake Medical Certificate
  A person submits a forged medical certificate in a court case to delay their testimony. Since they know it is false, they are guilty under BNS 235.
• Example 2: Property Dispute
  In a property dispute, a man submits a false ownership certificate to prove his claim. The certificate was forged, and he knew it. He will be punished as if he gave false evidence.
• Example 3: Not Guilty Case
  If a person unknowingly submits a certificate that turns out to be false, but they did not know or have reason to believe it was false, they will not be guilty under this section.

6. Importance of BNS Section 235

• Maintains integrity of justice system → Courts and officials rely on certificates as proof of fact.
• Discourages fraud → Prevents people from using forged certificates for wrongful gains.
• Protects fairness → Ensures that genuine documents are trusted and false ones are punished.
• Promotes accountability → People think twice before using fake documents.

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Section 235 BNS Overview

BNS Section 235 states that if someone knowingly uses or tries to use a certificate that is false in any material detail, they will face the same punishment as if they had fabricated or given false evidence. This section holds individuals accountable for corruptly using false certificates, recognizing the impact this can have on justice and legal proceedings.

10 Key Points of BNS Section 235

1. Using False Certificates as True:
   • This section applies when a person uses or attempts to use a certificate as genuine, even though they know it contains false information. The person must be aware that the certificate is false at the time they use it.
2. Intent to Deceive:
   • The use of the false certificate must be intentional. The person must knowingly be trying to deceive or mislead others by using a document that they know is inaccurate in some way.
3. Corruption Element:
   • There must be a corrupt motive behind the use of the false certificate. This could mean that the individual aims to gain some advantage or cause harm to others by using a forged document.
4. Punishment is Same as for Giving False Evidence:
   • The law treats the use of false certificates as seriously as giving false evidence. Therefore, the punishment for using a false certificate is equivalent to the penalties imposed for giving or fabricating false evidence.
5. Imprisonment:
   • The punishment for using a false certificate can include imprisonment. The length of the imprisonment will depend on the severity of the false evidence being used and the impact it has on the case.
6. Fines:
   • In addition to imprisonment, the individual may also be subject to a fine. The fine amount will depend on the severity of the case and the damage caused by the false certificate.
7. Non-Cognizable Offence:
   • BNS Section 235 classifies the offence as non-cognizable. This means that the police cannot arrest the accused without a warrant and the case must be taken up by a court.
8. Bailable Offence:
   • The offence under this section is bailable, meaning that the accused can apply for bail and be released from custody while awaiting trial.
9. Triable by Court Handling False Evidence:
   • Cases under BNS Section 235 will be tried in the same court that handles cases related to giving false evidence. This ensures that the trial process is streamlined and consistent.
10. Prevention of Legal Manipulation:
    • This section serves to prevent people from manipulating legal processes by using false documents. By penalizing the use of false certificates, the law aims to protect the integrity of legal proceedings.

Examples of BNS Section 235

1. Example 1:
   • Person A submits a fake medical certificate to a court during a legal case to avoid being called as a witness. A knows the certificate is false, but uses it as if it were true. Under BNS Section 235, A is liable for using a false certificate, and the punishment will be the same as if A had given false evidence in court.
2. Example 2:
   • Person B, during a property dispute, presents a forged property ownership certificate in court, knowing that the certificate contains incorrect details about the property boundaries. Under BNS Section 235, B can be charged with corruptly using false evidence and will face penalties for attempting to mislead the court with fabricated documents.

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BNS 235 Punishment

• Imprisonment: The offender can face imprisonment for a term similar to that for giving false evidence.
• Fine: A financial penalty may also be imposed as part of the punishment.

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BNS 235 bailable or non bailable ?

BNS Section 235 is bailable, meaning the accused can apply for bail and be released from custody while the case proceeds.

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Comparison Table: BNS Section 235 vs IPC Section 198

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BNS Section 235 FAQs

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Conclusion

BNS Section 235 plays a crucial role in maintaining honesty and trust in official and judicial processes. By equating the punishment for using a false certificate with that of giving false evidence, the law ensures that individuals cannot misuse forged documents for personal benefit. This section acts as a deterrent against fraud and reinforces the importance of truthfulness in certificates that carry legal weight. It strengthens the justice system by holding accountable not just those who create false documents, but also those who knowingly use them.

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