Introduction of BNS Section 229
BNS 229 punishes anyone who intentionally gives or fabricates false evidence in judicial proceedings or investigations. It recognizes that false testimony and fabricated documents can harm the justice system and cause wrongful decisions. The law provides stricter punishment for false evidence given in judicial proceedings and lighter punishment for false evidence outside court proceedings.
The Bharatiya Nyaya Sanhita (BNS) Section 229 replaces the old Indian Penal Code (IPC) Section 193.
What is BNS Section 229 ?
BNS Section 229 defines the offence of giving or fabricating false evidence during any judicial proceeding or investigation directed by law. It includes the deliberate act of providing false testimony with the intent to mislead the court or influence the outcome of the case.
Under Section 229 of the bns act 2023
Whoever intentionally gives false evidence or fabricates false evidence in a judicial proceeding shall be punished with imprisonment up to seven years and fine; and whoever intentionally gives or fabricates false evidence in any other case shall be punished with imprisonment up to three years and fine.”
1. Meaning of “Punishment for False Evidence”
- Giving false evidence means lying under oath or submitting fake documents in a legal proceeding.
- Fabricating false evidence means creating or altering documents, records, or circumstances to mislead the court.
- The law distinguishes between false evidence in judicial proceedings (like trials or court-directed investigations) and false evidence outside court (like legal inquiries not directly in a courtroom).
2. Who is Covered?
This section applies to:
- Witnesses giving false statements in court.
- Accused persons lying under oath or fabricating records.
- Individuals producing false documents to mislead investigations.
- Anyone involved in fabricating or giving false evidence in judicial or non-judicial legal processes.
3. Nature of the Offence
- Bailable → Accused can apply for bail.
- Non-cognizable → Police need a court order before arrest.
- Non-compoundable → Cannot be settled outside court.
- Triable by Magistrate → Case can be handled in magistrate’s court.
4. Examples of BNS Section 229
Example 1 – False Testimony in Trial
A witness in a murder trial falsely states that they saw the accused at the crime scene, even though they didn’t. This is punishable under Section 229.
Example 2 – Forged Property Records
A person submits fake land documents in a property dispute case to claim ownership. This is fabricating false evidence during judicial proceedings.
Example 3 – Outside Court Falsehood
During a police inquiry not directed by the court, someone knowingly lies about an alibi. This is punishable under the lesser provision of Section 229.
5. Punishment under BNS Section 229
- In Judicial Proceedings → Imprisonment up to 7 years + fine up to ₹10,000.
- In Other Cases → Imprisonment up to 3 years + fine up to ₹5,000.
- Court may impose both imprisonment and fine depending on the seriousness.
6. Importance of BNS Section 229
- Ensures truthfulness in judicial proceedings.
- Protects the justice system from being misled.
- Prevents wrongful convictions or acquittals based on lies.
- Upholds integrity of courts and investigations.
Section 229 BNS Overview
BNS Section 229 of the Bharatiya Nyaya Sanhita (BNS) addresses the crime of providing false evidence or fabricating false evidence during any judicial proceeding. The section applies to people who deliberately provide false information with the intent to mislead a court or legal authority. It also covers false evidence presented in investigations related to court proceedings. Depending on the seriousness of the falsehood, the punishments can range from imprisonment to fines.
BNS Section 229 : 10 Key Points
- False Evidence in Judicial Proceedings
BNS Section 229(1) addresses the act of giving or fabricating false evidence at any stage of a judicial proceeding, such as during a trial or an investigation ordered by the court. The section emphasizes that knowingly giving false information is a punishable offence. - Judicial Proceedings Defined
The section clearly defines what constitutes a judicial proceeding. This includes not only trials in court but also preliminary investigations that are part of the judicial process. Investigations ordered by a court or court-martial are also considered judicial proceedings. - Intent to Deceive
The law requires that the false evidence or testimony be given intentionally. This means that the person providing the false information must have the specific intent to deceive or mislead the court or legal authorities. Unintentional mistakes do not fall under this section. - Severity of Punishment for Judicial Proceedings
If false evidence is given in a judicial proceeding, the punishment can be severe, with imprisonment up to seven years and a fine up to 10,000 rupees. The seriousness of the punishment reflects the damage false evidence can do to the legal process. - Punishment for Non-Judicial False Evidence
If false evidence is given outside of judicial proceedings but still within a legal investigation, the punishment is lighter. The offender may face imprisonment for up to three years and a fine of up to 5,000 rupees. This covers cases where the legal stakes are lower but deception is still present. - Court-Martial Proceedings
A trial before a court-martial is also considered a judicial proceeding under this section. This ensures that military trials are held to the same standard of truthfulness as civilian courts. - Preliminary Investigations Covered
Preliminary investigations that occur before a court trial, such as fact-finding missions or investigations ordered by the court, are considered part of the judicial process. Providing false evidence during such investigations is punishable under this section. - Non-Cognizable Offence
The offence of giving false evidence is non-cognizable, meaning that the police cannot arrest the offender without a warrant. This protects individuals from immediate arrest, but they can still be prosecuted through court procedures. - Bailable Offence
This offence is bailable, meaning that the accused can apply for bail and be released during the legal proceedings. Bail may be granted depending on the circumstances and the court’s discretion. - Non-Compoundable Offence
The offence is non-compoundable, meaning that it cannot be settled out of court between the parties involved. The matter must be fully adjudicated in a court of law.
2 Examples of BNS Section 229
- Example 1:
A witness in a murder trial deliberately lies under oath, claiming to have seen the defendant at the scene of the crime, even though they know this is false. This is an example of giving false evidence in a judicial proceeding. Under BNS Section 229, this person could face up to 7 years in prison and a fine of 10,000 rupees for attempting to mislead the court. - Example 2:
During a property dispute, a person fabricates evidence by altering land documents to show ownership of a property, even though they do not own it. The forged documents are submitted as evidence in court. This act of providing false documents in a judicial proceeding can lead to punishment under BNS Section 229.
BNS 229 Punishment
- For False Evidence in Judicial Proceedings (Sub-section 1)
The punishment for intentionally giving or fabricating false evidence in any judicial proceeding is imprisonment of up to seven years and a fine of up to 10,000 rupees. This applies to more serious cases involving court trials or investigations ordered by the court. - For False Evidence Outside Judicial Proceedings (Sub-section 2)
If false evidence is provided in any non-judicial case, the punishment is reduced to imprisonment of up to three years and a fine of up to 5,000 rupees. This applies to less severe situations, such as false statements made in legal investigations not directly part of a court trial.
BNS 229 bailable or not ?
BNS Section 229 is a bailable offence, meaning that the accused can apply for bail, allowing them to remain free while awaiting trial or court proceedings.
Comparison: BNS Section 229 vs IPC Section 193
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 229 | Deals with giving or making false evidence in judicial or other legal proceedings. It punishes anyone who lies under oath or fabricates documents to mislead a court or investigation. |
Judicial Proceedings: Jail up to 7 years + ₹10,000 fine. Other Cases: Jail up to 3 years + ₹5,000 fine. |
Bailable | Non-Cognizable | Any Magistrate |
| IPC Section 193 (Old) | Punished giving or fabricating false evidence during judicial or other proceedings. It focused on false testimony and fake documents used to deceive the court. |
Judicial Proceedings: Jail up to 7 years + fine. Other Cases: Jail up to 3 years + fine. |
Bailable | Non-Cognizable | Any Magistrate |
| Key Difference: BNS 229 replaces IPC 193 by updating the punishment with fixed fine amounts (₹10,000 and ₹5,000) and clearly distinguishing between judicial and non-judicial false evidence. It modernizes the section for better clarity and stronger legal enforcement. | |||||
BNS Section 229 FAQs
What is BNS Section 229?
BNS Section 229 deals with the offence of intentionally giving or fabricating false evidence in judicial proceedings or investigations.
What is the punishment for providing false evidence in a court proceeding?
The punishment is imprisonment for up to seven years and a fine of up to 10,000 rupees if the false evidence is given in a judicial proceeding.
What happens if false evidence is given in a non-judicial case?
In cases outside of judicial proceedings, the punishment can be imprisonment for up to three years and a fine of up to 5,000 rupees.
Is the offence under BNS Section 229 bailable?
Yes, the offence is bailable, allowing the accused to apply for bail while the legal proceedings are ongoing.
Can the offence under BNS Section 229 be settled outside court?
No, it is a non-compoundable offence, meaning it cannot be settled outside court, and legal proceedings must continue in court.
Does this section apply to investigations ordered by a court?
Yes, providing false evidence during investigations directed by a court is also covered under this section, even if the investigation is not conducted in the courtroom itself.
Conclusion
BNS Section 229 is essential for maintaining honesty in the legal system. By punishing both false testimony and fabricated evidence, it ensures that justice is not compromised. The section highlights the seriousness of false evidence during court proceedings while still addressing falsehoods outside the courtroom. This balance protects individuals and strengthens trust in judicial institutions.
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Finished with BNS 229 ? 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 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/
- 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/
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