Introduction of BNS Section 231
231 BNS deals with the offence of giving or fabricating false evidence with the intent to cause someone’s conviction for a serious crime punishable with life imprisonment or at least seven years in jail. The law ensures that people cannot misuse the judicial system by framing others in grave offences. Under this section, the person who gives false evidence will face the same punishment as the offence they tried to frame another for. This provision acts as a safeguard for justice and discourages malicious attempts to manipulate the courts.
What is BNS Section 231 ?
BNS Section 231 deals with situations where a person gives or creates false evidence with the intent to cause someone to be convicted of a non-capital crime that is punishable by life imprisonment or a sentence of seven years or more. This section mandates that the person responsible for giving or fabricating the false evidence will receive the same punishment as the one they falsely accused.
Under Section 231 of the bns act 2023
“Whoever gives or fabricates false evidence intending to cause another person to be convicted of an offence punishable with life imprisonment or imprisonment for seven years or more, shall be punished with the same punishment that would have been given to the innocent person if convicted of such offence.”
1. Meaning of Section 231
- This law deals with false evidence in serious but non-capital offences (not punishable by death, but still very severe).
- If someone deliberately lies, fabricates documents, plants false proof, or gives false testimony to frame another person for crimes like dacoity, kidnapping, serious fraud, or robbery, they can face the same punishment that the falsely accused person would have faced.
- The purpose is to stop people from misusing the court system to destroy someone’s life by false framing in serious offences.
2. Who is Covered?
This section applies to:
- Witnesses who lie in court to frame someone in a serious case.
- Individuals who create fake documents, records, or evidence.
- People who plant objects or circumstances (e.g., planting weapons, forged papers) to make an innocent person look guilty.
- Any person influencing others to give false statements in offences punishable with life imprisonment or 7+ years jail.
3. Essential Ingredients (Things Court Must Prove)
- The accused gave false evidence (statement/documents) or fabricated false evidence (created fake records, planted proof).
- The act was done knowingly and intentionally (not by mistake).
- The false evidence was given with the intention of causing someone’s conviction.
- The offence in question must be one that is punishable by life imprisonment or 7 years or more of imprisonment.
4. Nature of the Offence
- Serious offence → because it involves tampering with justice in high-level crimes.
- Non-cognizable → police cannot arrest without a court’s warrant.
- Non-bailable → accused does not have an automatic right to bail, it depends on the court.
- Non-compoundable → cannot be settled privately outside court.
- Triable by Court of Session → only higher criminal courts can hear such cases.
5. Examples of BNS Section 231
Example 1 – False Testimony in Dacoity Case
A person lies in court saying they saw someone commit dacoity (punishable by life imprisonment). If proven false, the liar will face the same punishment as for dacoity.
Example 2 – Fabricating Fraud Evidence
Someone creates fake documents showing that a businessman committed large-scale fraud (punishable with 10 years). If caught, the fabricator will face the same 10 years punishment.
Example 3 – Not Guilty Case
If a witness wrongly identifies a suspect due to confusion or poor memory but had no intent to deceive, they are not guilty under this section, because intention is mandatory.
6. Punishment under BNS Section 231
- The punishment for the fabricator is the same as the offence they tried to frame.
- If the framed offence carries:
- Life imprisonment → the false witness/fabricator can also get life imprisonment.
- 7 years or more imprisonment → the fabricator will face that same term.
- Fine → may also be imposed, depending on court’s discretion.
7. Importance of BNS Section 231
- Protects innocent people from being wrongfully convicted in serious offences.
- Ensures that courts base judgments only on truthful evidence.
- Acts as a deterrent against false witnesses and malicious fabricators.
- Maintains the integrity of the justice system by punishing falsehood with the same seriousness as the offence.
Section 231 BNS Overview
BNS Section 231 ensures that individuals who give or fabricate false evidence with the intent to cause wrongful convictions for serious offences are held accountable. By imposing the same punishment on the fabricator as the one they intended for the falsely accused, the law seeks to maintain the integrity of the justice system and deter people from manipulating legal proceedings.
10 Key Points of BNS Section 231
- Fabricating False Evidence for Serious Crimes
- The section applies to those who provide or create false evidence intending to have someone wrongfully convicted of an offence punishable by life imprisonment or imprisonment for a term of seven years or more. Such offences include serious crimes like dacoity or kidnapping, which carry heavy sentences.
- Punishment Same as the Offence
- The individual giving or fabricating false evidence under this section will be punished in the same way as if they had committed the offence themselves. For example, if the fabricated evidence is aimed at convicting someone for a crime punishable by life imprisonment, the fabricator can also be sentenced to life imprisonment.
- Non-Capital Offences
- This section applies to offences that are not capital in nature (i.e., not punishable by death). However, the offences still involve serious consequences, such as life imprisonment or long-term imprisonment.
- Non-Cognizable Offence
- The crime under this section is non-cognizable, which means the police cannot arrest the individual without a warrant. The offence is taken seriously and requires judicial oversight before any legal action can proceed.
- Non-Bailable Offence
- This is a non-bailable offence, meaning the accused cannot automatically obtain bail. They must apply for bail in court, and the court will decide based on the case’s circumstances whether or not to grant bail.
- Triable by Court of Session
- Cases under BNS Section 231 are triable by the Court of Session, which deals with serious criminal matters. The involvement of a higher court ensures that the trial is conducted with careful consideration and strict scrutiny.
- False Evidence in Court
- The section emphasizes that providing false evidence before a court with the intent to cause wrongful conviction is a serious offence. For example, false testimony in a dacoity case (where the punishment can be life imprisonment) is considered a grave violation.
- Legal Protections for Accused
- The section aims to protect individuals from being wrongfully convicted of serious crimes due to false evidence. It ensures that the legal system maintains its integrity and that justice is not manipulated.
- Broad Scope of Crimes Covered
- The section covers a wide range of offences punishable by life imprisonment or imprisonment for seven years or more. Examples include crimes like robbery, serious assaults, and high-level corruption cases, where the consequences of wrongful conviction are severe.
- Strong Deterrent
BNS Section 231 acts as a strong deterrent against the manipulation of the judicial system. By equating the punishment for giving false evidence to the punishment for the crime itself, it discourages individuals from tampering with evidence in serious criminal cases.
Examples of BNS Section 231
Framing Someone for Robbery
- A person falsely testifies in court, claiming that they saw someone commit an armed robbery. This crime is punishable by life imprisonment. The false testimony leads to the conviction of an innocent person. Later, the false witness is caught, and under BNS Section 231, they face the same punishment as the person they tried to frame—life imprisonment or imprisonment for up to 10 years.
- False Evidence in a Fraud Case
- A person creates fake documents to frame someone for a fraud case that carries a punishment of imprisonment for seven years. The innocent person is convicted based on the false documents. When the false evidence is discovered, the fabricator is charged under BNS Section 231 and faces the same seven-year imprisonment they tried to impose on the innocent party.
BNS 231 Punishment
- Imprisonment: The punishment for giving or fabricating false evidence under BNS Section 231 is the same as the punishment for the offence the person attempted to frame someone for. This means the person responsible for the false evidence will face life imprisonment or imprisonment for a term of at least 7 years, depending on the severity of the offence involved.
- Fine: Along with imprisonment, the person convicted under BNS Section 231 may also be liable to pay a fine, although the amount of the fine can vary based on the discretion of the court.
BNS 231 bailable or not ?
BNS Section 231 is Non-Bailable. This means that the accused cannot claim bail as a matter of right and must apply to the court for bail, which will be granted at the discretion of the court.
Bharatiya Nyaya Sanhita Section 231
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 231 | Applies to giving or fabricating false evidence intending to cause someone’s conviction for an offence punishable with life imprisonment or imprisonment of seven years or more. The offender faces the same punishment as the crime they tried to frame another person for. | Punished with the same sentence as the framed offence — life imprisonment or imprisonment for ≥7 years, plus fine at the court’s discretion. | Non-bailable | Non-cognizable | Court of Session |
| IPC Section 195 (Old) | Earlier law punishing anyone who gave or fabricated false evidence intending to procure conviction for a serious offence (life imprisonment or 7+ years). It covered similar conduct before the modernization under BNS. | Same punishment as the offence falsely alleged — life imprisonment or imprisonment for 7 years or more, and fine. | Non-bailable | Non-cognizable | Court of Session |
| Key Difference: BNS 231 modernizes IPC 195 by expanding its scope to cover both physical and digital forms of evidence. It ensures that anyone attempting to frame another person for a serious, non-capital offence faces identical punishment, reinforcing fairness and accountability in the justice system. | |||||
BNS Section 231 FAQs
What is BNS Section 231?
BNS Section 231 deals with providing or fabricating false evidence with the intent to wrongfully convict someone of a serious crime punishable by life imprisonment or imprisonment for seven years or more.
What are the punishments under BNS Section 231?
The person giving false evidence is punished the same way as someone convicted of the offence they tried to frame the person for. This could mean life imprisonment or imprisonment for seven years or more, depending on the crime.
Is BNS Section 231 a bailable offence?
No, BNS Section 231 is a non-bailable offence. The accused must apply for bail in court, and it is up to the court to decide whether or not to grant it.
Is BNS Section 231 applicable to capital offences?
No, BNS Section 231 applies only to non-capital offences, meaning crimes that are not punishable by death but by life imprisonment or long-term imprisonment (seven years or more).
Who tries cases under BNS Section 231?
Cases under BNS Section 231 are triable by the Court of Session, a higher court that handles serious criminal matters.
What is an example of a crime covered under BNS Section 231?
An example of a crime covered under BNS Section 231 is dacoity, which is punishable by life imprisonment or rigorous imprisonment for up to 10 years. False evidence given in such a case can lead to similar punishment for the fabricator.
Conclusion
BNS Section 231 plays a vital role in protecting the justice system from misuse. By imposing the same punishment on those who fabricate or give false evidence as on the offence they falsely accuse someone of, the law ensures fairness and integrity in criminal trials. It acts as a strong deterrent against framing innocent people in serious cases like robbery, kidnapping, or fraud. This section not only safeguards individuals but also strengthens public trust in the judicial system.
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Finished with BNS 231 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 232 : Threatening any person to give false evidence.
- https://marriagesolution.in/bns_section/bns-232/
- BNS 233 : Using evidence known to be false.
- https://marriagesolution.in/bns_section/bns-233/
- 234 BNS : Issuing or signing false certificate.
- https://marriagesolution.in/bns_section/234-bns/
- BNS 235 : Using as true a certificate known to be false.
- https://marriagesolution.in/bns_section/bns-235/
- BNS 236 : False statement made in declaration which is by law receivable as evidence.
- https://marriagesolution.in/bns_section/bns-236/
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