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Introduction of BNS Section 231

BNS Section 231 is a legal provision that addresses the act of giving or fabricating false evidence with the intent to cause someone to be convicted of a serious offence, specifically one punishable by life imprisonment or a sentence of at least seven years. This section ensures that individuals who attempt to manipulate the judicial process by creating or providing false evidence face the same punishment as the person they wrongfully accuse. The law is designed to maintain the integrity of the justice system by deterring people from framing others for serious offences.


The Bharatiya Nyaya Sanhita (BNS) Section 231 replaces the old Indian Penal Code (IPC) Section 195.



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.


231 BNS punishes false evidence used to frame for severe crimes.
231 BNS deters framing with penalties matching severe offenses

BNS 231 in Simple Points

  1. False Evidence for Serious Offences
    BNS Section 231 applies to cases where a person fabricates or gives false evidence to frame someone for an offence that is punishable by life imprisonment or a term of seven years or more. The section is designed to punish individuals who misuse the legal system to wrongfully convict someone of a serious crime.
  2. Punishment Equivalent to the Offence
    Under this section, the punishment for the person providing false evidence is the same as the punishment for the offence they intended to frame someone for. For example, if the offence is punishable by life imprisonment, the person who provided the false evidence will also face life imprisonment.
  3. Non-Capital Offences
    This section is specifically for non-capital offences, meaning that it does not apply to cases where the punishment is the death penalty. It is focused on offences where the maximum sentence is life imprisonment or a long-term sentence of seven years or more.
  4. Non-Bailable and Non-Cognizable
    Offences under BNS Section 231 are non-bailable, meaning that the accused cannot obtain bail as a matter of right and must apply for bail through the courts. The offence is also non-cognizable, meaning that the police cannot arrest the accused without a warrant.
  5. Trial by Court of Session
    Cases under this section are triable by the Court of Session, which is the court that handles more serious criminal cases. This ensures that the case receives thorough legal scrutiny and is dealt with appropriately given the severity of the crime.

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  1. 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

  1. 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.
  2. 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 penalties match those of the crime falsely attributed to victim
BNS 231 enforces similar penalties for false evidence framing

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

231 BNS SectionOffencePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial by
Giving or fabricating false evidence with intent to procure conviction of an offence punishable with life imprisonment or imprisonment of seven years or moreFraming someone with false evidence for a serious crime punishable by life imprisonment or a 7-year termSame punishment as the framed offence (life imprisonment or 7+ years)Non-BailableNon-CognizableCourt of Session
Bharatiya Nyaya Sanhita Section 231

BNS Section 231 FAQs

What is BNS Section 231?

What are the punishments under BNS Section 231?

Is BNS Section 231 a bailable offence?

Is BNS Section 231 applicable to capital offences?

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?


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