Introduction of BNS 227
BNS 227 defines the offence of giving false evidence. It punishes any person who, being legally bound to tell the truth, deliberately makes a false statement—whether verbal, written, or through interpretation. The section ensures honesty in legal proceedings and safeguards the integrity of justice by penalizing those who lie under oath or provide false declarations.
The Bharatiya Nyaya Sanhita (BNS) Section 227 replaces the old Indian Penal Code (IPC) Section 191.
What is BNS Section 227 ?
BNS Section 227 punishes anyone who is bound by law or oath to speak the truth but deliberately makes false statements. It applies to both verbal and written statements, including sworn declarations, court testimonies, and official translations or interpretations. The section aims to uphold the integrity of truth in legal and official matters.
Under Section 227 of the bns act 2023
“Whoever, being legally bound by an oath, by law, or by an express provision of law to state the truth, makes any statement which is false, and which he knows or believes to be false, or does not believe to be true, is said to give false evidence.”
1. Meaning of “Giving False Evidence”
- It means making a false statement under oath, affirmation, or when legally bound to speak the truth.
- It includes lying in court, swearing a false affidavit, or making a false translation/interpretation.
- The falsehood can be about a fact, knowledge, or even belief.
2. Who is Covered?
This section applies to:
- Witnesses in court who knowingly give false testimony.
- People filing affidavits with false information.
- Interpreters or translators who knowingly provide false translations.
- Anyone legally required to tell the truth in an official/legal matter.
3. Nature of the Offence
- Non-cognizable → Police cannot arrest without a warrant.
- Bailable → Accused has the right to seek bail.
- Non-compoundable → Cannot be settled privately; must go through court.
- Triable by any Magistrate → Heard at the magistrate level.
4. Examples of BNS Section 227
Example 1 – False Testimony
A witness in a theft case swears that he saw the accused at the crime scene, even though he knows he did not. This is giving false evidence.
Example 2 – False Affidavit
A man files an affidavit claiming he believes a property belongs to his friend, even though he has no belief or proof. Since he declared something he does not believe, it amounts to false evidence.
Example 3 – False Translation
An interpreter translates a contract in court but knowingly changes the meaning to benefit one party. This is also giving false evidence.
5. Punishment under BNS Section 227
- Imprisonment → Depending on the seriousness, imprisonment can be awarded (up to 7 years in aggravated forms under later sections).
- Fine → Monetary penalty may also be imposed.
- Both → In some cases, imprisonment + fine.
6. Importance of BNS Section 227
- Upholds truthfulness in judicial and official proceedings.
- Protects courts and public servants from being misled.
- Maintains integrity of the justice system.
- Deters people from abusing oaths, affidavits, and testimonies.
Section 227 BNS Overview
BNS Section 227 defines giving false evidence as making any statement that is false, where the person knows or believes the statement is untrue, or does not believe it to be true. This applies to statements made under oath or in situations where someone is legally required to tell the truth. The false statement can be verbal or written, and it can relate to something the person knows or believes.
Section 227 BNS Overview – 10 Key Points
- Legal Oath Requirement:
If someone is required by law or oath to tell the truth, they must not give any false information. - False Evidence Definition:
If someone knowingly makes a false statement, whether in court or another official situation, they have given false evidence. - Statements About Belief:
Giving false evidence also includes falsely stating that you believe something to be true when you do not actually believe it. - Covers Verbal and Written Statements:
It doesn’t matter if the false statement is spoken or written—it’s still considered false evidence. - False Interpretation or Translation:
If someone falsely interprets or translates a document they are legally required to interpret truthfully, they are guilty of giving false evidence. - Knowingly False:
The person must know that their statement is false or not believe it to be true when they make it. - Impact on Justice:
Giving false evidence in any legal or official proceeding can mislead the authorities, which is why this offense is taken seriously. - Intent Matters:
If a person genuinely believes their statement is true, even if it turns out to be wrong, they have not committed the offense. - Scope of the Law:
The law applies to all people bound by oath or law to tell the truth, including witnesses, interpreters, and translators in legal matters. - Preserving Truth in Legal Proceedings:
The section aims to ensure that legal and official proceedings are based on truthful and accurate statements.
Simple Examples of Giving False Evidence
Example 1: A man is asked to testify in court as a witness to a robbery. He falsely claims that he saw the defendant at the scene of the crime, even though he knows he didn’t. This is an example of giving false evidence because the man deliberately made a false statement to mislead the court.
Example 2: A person, who is a witness in a case, swears an affidavit stating that they believe a document was signed by a certain individual, even though they have no idea whether that person actually signed it. Here, the witness is giving false evidence because they stated something they didn’t truly believe to be true.
Comparison Table: BNS Section 227 vs IPC Section 191
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 227 | Defines giving false evidence as knowingly making a false statement under oath or when legally bound to tell the truth. It ensures honesty in legal and official proceedings. | Imprisonment and/or fine depending on severity (detailed in later BNS sections). | Bailable | Non-Cognizable | Any Magistrate |
| IPC Section 191 (Old) | Similar definition – giving false evidence means making a statement known to be false when legally bound to tell the truth. It applied to witnesses, interpreters, and declarants. | Imprisonment and/or fine (severity defined under IPC 193–196). | Bailable | Non-Cognizable | Any Magistrate |
| Key Difference: BNS 227 restates IPC 191 in clearer language and keeps the same legal essence. It expands clarity for written, verbal, and interpretation-based false evidence to ensure truth in all legal and official declarations. | |||||
BNS Section 227 FAQs
What is BNS Section 227 about?
BNS Section 227 punishes anyone who knowingly gives false evidence when bound by law or oath to state the truth.
What is an example of giving false evidence?
A person swears in court that they heard someone admit to a crime, even though they never heard that person say anything. This is giving false evidence.
Is giving false evidence only verbal?
No, it applies to both verbal and written statements, including official declarations and translations.
What if someone mistakenly gives incorrect evidence?
If the person genuinely believes their statement is true, they are not guilty. The law only punishes those who knowingly make false statements.
Does BNS Section 227 apply to interpreters or translators?
Yes, if an interpreter or translator falsely certifies a translation or statement, knowing it to be false, they are guilty of giving false evidence.
Can someone be punished for false beliefs under this section?
Yes, if a person states they believe something to be true when they do not genuinely believe it, they are giving false evidence under this law.
Conclusion
BNS Section 227 makes it clear that lying under oath or giving false statements in legal or official matters is a punishable crime. By criminalizing false evidence, the law protects the credibility of the justice system and ensures that courts and public authorities rely on truth. This section reinforces the principle that justice depends on honesty, and dishonesty will not be tolerated.
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Finished with BNS 227 ? 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 228 : Fabricating false evidence
- https://marriagesolution.in/bns_section/bns-228/
- BNS 229 : Punishment for false evidence.
- https://marriagesolution.in/bns_section/bns-229/
- BNS 230 : Giving or fabricating false evidence with intent to procure conviction of capital offence.
- https://marriagesolution.in/bns_section/bns-230/
- 231 BNS : Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.
- https://marriagesolution.in/bns_section/231-bns/
- 238 BNS : Hiding or destroying evidence of a crime, or giving false information to protect the criminal.
- https://marriagesolution.in/bns_section/238-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list