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Introduction of BNS Section 229

BNS Section 229 deals with the punishment for intentionally giving false evidence or fabricating false evidence during judicial proceedings. The law is designed to maintain the integrity of legal proceedings by punishing those who provide false testimony or create false evidence, either during a trial or an investigation that is part of a judicial process. This section distinguishes between false evidence provided in judicial proceedings and other instances, with different punishments for each scenario.


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.

BNS 229: Punishment for Giving or Fabricating False Evidence
BNS 229 ensures truthfulness by punishing false testimonies

BNS 229 in Simple Points

  1. False Evidence During Judicial Proceedings
    • BNS Section 229 specifically targets the act of giving false testimony or fabricating evidence in a judicial proceeding. A judicial proceeding refers to any legal process or trial taking place in a court of law. This could include cases such as criminal trials, civil lawsuits, or any investigation directed by the court.
    • Example: If a witness in a trial lies under oath about seeing someone commit a crime, they are giving false evidence, which is punishable under this section.
  2. Intent to Deceive
    • For an act to be punishable under BNS Section 229, the false evidence must be given intentionally. This means that the person knew the information they were giving was false and provided it with the purpose of misleading the court or legal authorities. Accidental mistakes or errors in testimony do not fall under this law.
    • The law requires proof that the person had the intent to deceive, ensuring that only deliberate acts are punished.
    • Example: A person who fabricates a document to prove false ownership of property in court has the intent to deceive the legal process.
  3. Different Levels of Punishment
    • The punishment under BNS Section 229 depends on the severity of the false evidence and the stage of the legal proceeding in which it is given. If the false evidence is provided in a judicial proceeding, the punishment can be up to seven years of imprisonment and a fine of up to 10,000 rupees.
    • If false evidence is given in an investigation or other legal matters not directly in court, the punishment is reduced to three years of imprisonment and a fine of up to 5,000 rupees. This distinction ensures that more serious offences receive heavier punishment.
  4. Judicial Proceedings Include Investigations
    • The law defines a judicial proceeding broadly. It includes not only trials in a courtroom but also investigations ordered by a court or those that are part of the judicial process. For instance, a court-directed investigation into a crime scene or property dispute is considered part of a judicial proceeding.
    • Example: If someone lies during a court-ordered investigation about land boundaries, they are providing false evidence in a judicial proceeding and can be punished under BNS Section 229.
  5. Bailable and Non-Cognizable Offence
    • BNS Section 229 is a bailable offence, which means that an accused person has the right to apply for bail. If granted, they can remain free while awaiting their trial.
    • The offence is also non-cognizable, which means that the police cannot arrest the accused without a warrant. This ensures that the legal process is followed, and the court must issue the necessary orders before arresting someone for this offence.

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

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

  1. 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.
  2. 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

  1. 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.
  2. 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.

229 BNS Punishment :Penalizes false or fabricated evidence in court cases.
BNS 229 ensures truthfulness by punishing false testimonies.

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.


Bharatiya Nyaya Sanhita Section 229

AspectDetails
OffenceIntentionally giving or fabricating false evidence in judicial proceedings.
Punishment (Judicial)Imprisonment up to 7 years, and fine up to 10,000 rupees.
Punishment (Non-Judicial)Imprisonment up to 3 years, and fine up to 5,000 rupees.
ClassificationNon-cognizable, Bailable, Non-compoundable.
Trial byMagistrate of the first class for judicial proceedings.
ApplicabilityCourt proceedings, investigations, court-martial, preliminary inquiries.
Bharatiya Nyaya Sanhita Section 229

BNS Section 229 FAQs

What is BNS Section 229?

What is the punishment for providing false evidence in a court proceeding?

What happens if false evidence is given in a non-judicial case?

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?

Does this section apply to investigations ordered by a court?


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