BNS 228

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Introduction of BNS 228

BNS 228 deals with fabricating false evidence, which refers to deliberately creating or altering something in order to deceive or mislead a judicial or legal process. This section aims to punish individuals who intentionally make false entries in records, documents, or other forms of evidence with the intent to manipulate the outcome of a legal proceeding.

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The Bharatiya Nyaya Sanhita (BNS) Section 228 replaces the old Indian Penal Code (IPC) Section 192.

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What is BNS Section 228 ?

BNS Section 228 of the Bharatiya Nyaya Sanhita (BNS) makes it a crime for anyone who fabricates evidence by making false entries in books, records, or documents, or by manipulating any evidence with the intent to mislead a judicial or legal proceeding. The goal is to deceive those who are in charge of forming an opinion about the case, such as judges, public servants, or arbitrators, and to cause an erroneous conclusion.

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BNS 228 in Simple Points

1. Creating False Evidence: Fabricating false evidence involves creating or altering records or documents with the purpose of deceiving a legal process.
2. Intent to Mislead: The person doing this must have the intention of influencing the decision in a judicial or public proceeding.
3. Different Forms of Evidence: It can be done through physical documents, electronic records, or even circumstances created deliberately (e.g., placing items in certain locations).
4. Deceptive Purpose: The main aim is to make someone believe something that is false, which can impact the outcome of a case or investigation.
5. Legal Consequences: Anyone found guilty of fabricating false evidence may face legal action, including punishment as defined under the law.

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Section 228 BNS Overview

BNS Section 228 defines the offence of fabricating false evidence, which occurs when someone deliberately creates, alters, or makes false statements in records, documents, or even physical circumstances to deceive a legal process. The intent is to mislead judges, public servants, or arbitrators into forming a mistaken opinion about a case. This act can disrupt legal proceedings, leading to unfair decisions and injustice.

BNS Section 228: 10 Key Points Explained in Detail

1. Definition of Fabrication
   BNS Section 228 defines the act of fabricating false evidence as the deliberate creation or alteration of records, documents, or even circumstances to mislead a judicial or legal process. This includes making false entries in books, records, or documents with the intent that they be used in legal proceedings to mislead a judge, public servant, or arbitrator. Fabrication can also involve manipulating physical circumstances, such as placing an object in a location to influence the outcome of a case.
2. Intent to Mislead
   The key element of this section is the intent behind fabricating evidence. The person committing the act must intend to deceive the legal system, i.e., they aim to influence the outcome of a legal proceeding by creating false evidence. Without this intent, the action would not be considered as “fabricating false evidence” under the law.
3. Types of Evidence That Can Be Fabricated
   Fabrication of evidence can be done in several ways, including:
   • False entries in records or books
   • Creation of forged documents
   • Alteration of physical evidence or documents
   • Creating false circumstances (e.g., placing an object in a location to mislead investigators) This section applies to both physical and electronic records.
4. Impact on Legal Proceedings
   The goal of fabricating evidence is to make someone believe something that is false, which can ultimately influence their judgment. This could lead to an unfair or incorrect outcome in a trial, investigation, or any legal proceeding. The fabricated evidence may cause the decision-maker (judge, public servant, arbitrator) to form an erroneous opinion, resulting in unfair justice.
5. Judicial and Public Servant Influence
   Fabricated evidence is presented to judicial officers (e.g., judges) or public servants (e.g., police officers, arbitrators) to mislead them. The fabricated evidence could be part of a trial or investigation where the person responsible for presenting the case may rely on this false evidence to decide on guilt, innocence, or liability.
6. Electronic and Physical Records
   Both physical records (like books, documents, or letters) and electronic records (like emails, text messages, or digital files) fall under this section. Manipulating digital evidence, for example, forging emails or altering digital documents, is considered fabricating false evidence under BNS Section 2228.
7. False Statements in Court
   In some cases, fabrication can occur in the form of verbal or written false statements. For example, someone may create a forged signature or document and present it as real during a court hearing or legal proceeding, with the intent to mislead the court or the public servant involved.
8. Criminal Consequences
   The person caught fabricating false evidence faces serious consequences under the law. If convicted, they may face imprisonment, fines, or both. The exact punishment will depend on the severity of the offence and the impact on the legal process.
9. Examples of Fabricating Evidence
   The law provides examples, such as placing jewels into someone else’s possession to make it appear as though they are guilty of theft. Another example could be forging a letter in someone’s handwriting to make it seem like they were involved in a conspiracy.
10. Bailable Offence
    Fabricating false evidence is classified as a bailable offence under this section. This means that the accused can be released on bail by fulfilling certain conditions set by the court. However, it remains a serious offence, and the person found guilty will face legal repercussions.

Simple Examples of Fabricating False Evidence (BNS Section 228)

1. Example 1: Placing False Evidence
   A man (A) wants to frame his neighbor (B) for a theft. A secretly places B’s missing watch inside a drawer in B’s house, knowing that police officers are likely to search the house. When the police find the watch, it appears as though B is guilty of theft. In this case, A has fabricated false evidence with the intention to mislead the investigation and cause an unjust conviction.
2. Example 2: Forging a Document
   A person (C) wants to make it seem like their rival (D) is part of a criminal conspiracy. C forges a letter in D’s handwriting, which discusses illegal activities and is intended to implicate D. C then leaves the forged letter in a location where police officers are likely to find it. This act of forging and planting the document constitutes fabricating false evidence under Section 228.

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Bharatiya Nyaya Sanhita Section 228

BNS Section	Offence	Definition	Punishment	Bailable	Triable by
228	Fabricating False Evidence	Causing false entries in records, documents, or circumstances to deceive judicial or legal proceedings.	Imprisonment, fine, or both.	Bailable	Any Magistrate

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BNS Section 228 FAQs

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