BNS 230 : Giving or fabricating false evidence with intent to procure conviction of capital offence.

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Introduction of BNS Section 230

BNS 230 targets the gravest form of falsehood in the justice system: knowingly giving or creating false evidence to make an innocent person be convicted of a capital offence (an offence punishable by death). The provision imposes very severe penalties — life imprisonment or long terms of rigorous imprisonment and heavy fines — and, where false evidence leads to an execution, even the death penalty is available. This section exists to protect the integrity of courts and to deter malicious framing in the most serious criminal matters.

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The Bharatiya Nyaya Sanhita (BNS) Section 230 replaces the old Indian Penal Code (IPC) Section 194.

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What is BNS Section 230 ?

BNS Section 230 of the Bharatiya Nyaya Sanhita (BNS) deals with individuals who provide or fabricate false evidence with the specific intent to wrongfully convict someone of a capital offence. If an innocent person is convicted and sentenced to death as a result of this false evidence, the individual who fabricated the evidence may be sentenced to death or severe imprisonment.

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Under Section 230 of the bns act 2023

“Whoever gives or fabricates false evidence with the intention to procure the conviction of any person for a capital offence shall be punished with life imprisonment, or rigorous imprisonment up to ten years, and shall also be liable to fine. If, because of such false evidence, the person is convicted and executed, the one who gave or fabricated the false evidence may be punished with death or imprisonment for life, and shall also be liable to fine.”

1. Meaning of the Section

• This law punishes people who knowingly lie or create false proof with the purpose of getting someone wrongfully convicted for a capital offence (a crime that carries the death penalty under Indian law).
• It includes giving false testimony, forging or planting documents, or creating false circumstances (like planting a weapon) that can mislead judges, police, or investigators.
• The key factor is intent – the person must knowingly create or give false evidence with the aim of ensuring another person is convicted of a capital offence.

2. Who is Covered?

This section applies to:

• Witnesses who lie under oath to frame someone for a capital crime.
• Officials or private persons who fabricate records, evidence, or reports.
• Individuals who plant objects/documents to make an innocent person look guilty.
• Anyone influencing others to provide false evidence with the same intention.

3. Essential Ingredients

For a conviction under Section 230, the prosecution must prove:

1. The accused gave false evidence (testimony/documents) or fabricated false evidence (forged or planted proof).
2. The act was done intentionally and knowingly (not by mistake or ignorance).
3. The aim was to procure the conviction of another person for a capital offence.
4. If the wrongful evidence led to the execution of the innocent person, the higher punishment applies.

4. Nature of the Offence

• Very serious crime – because it can cause death of an innocent person.
• Non-bailable – accused has no automatic right to bail.
• Non-cognizable – police cannot arrest without a magistrate’s order.
• Non-compoundable – cannot be settled outside court.
• Triable by Court of Session – heard only in higher criminal courts due to seriousness.

5. Examples of BNS Section 230

Example 1 – Planting a Weapon

A man plants a blood-stained knife in his rival’s house and tells police he saw the rival commit a murder. He intends to have the rival convicted of murder (a capital offence). He is guilty under Section 230.

Example 2 – False Testimony in Terrorism Case

A witness lies in court to falsely connect an innocent person to a terror attack. If convicted, the accused faces death. The lying witness can be punished under Section 230.

Example 3 – Aggravated Result

If false evidence leads to the execution of the innocent person, then the person who fabricated the evidence can face the death penalty or life imprisonment.

Example 4 – Not Guilty

If someone honestly makes a mistake (like misidentifying a person in poor lighting) without the intention to deceive, it is not punishable under this section.

6. Punishment under BNS Section 230

• General punishment:
  • Life imprisonment or rigorous imprisonment up to 10 years, plus fine up to ₹50,000.
• Aggravated punishment (if false evidence caused wrongful execution):
  • Death penalty or life imprisonment, plus fine.

7. Importance of BNS Section 230

• Prevents miscarriages of justice in capital cases.
• Protects innocent people from wrongful death sentences.
• Strong deterrent against lying in serious criminal cases.
• Upholds faith in the judicial system by making sure evidence presented is truthful and reliable.

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Section 230 BNS Overview

Introduction to BNS Section 230: Giving or Fabricating False Evidence with Intent to Procure Conviction of Capital Offence

BNS Section 230 addresses the severe crime of providing or fabricating false evidence with the intent of wrongfully convicting someone of a capital offence. A capital offence is a crime that is punishable by death under Indian law, such as murder or terrorism. This section ensures that anyone who tries to falsely accuse another person of such a serious crime faces equally severe consequences. The punishments under this section include life imprisonment, rigorous imprisonment, and in extreme cases, the death penalty if an innocent person is executed as a result of the false evidence.

10 Key Points of BNS Section 230

1. Intentional Fabrication of False Evidence
   • Under BNS Section 230, it is illegal to give or create false evidence with the intent to cause someone’s wrongful conviction for a capital offence (such as murder or terrorism). The law specifically targets individuals who knowingly provide false evidence in serious criminal cases, which could lead to severe consequences for the accused.
2. Punishment for False Evidence
   • If someone intentionally provides or fabricates false evidence to cause another person’s conviction for a capital offence, they can be sentenced to life imprisonment or rigorous imprisonment for up to 10 years. This punishment reflects the gravity of framing someone for a crime that could result in a death sentence.
   • Example: If a witness lies in court and provides false testimony that could result in an innocent person being convicted of murder, they could face 10 years of imprisonment or more.
3. Fines for False Evidence
   • In addition to imprisonment, the individual convicted under this section may be fined up to ₹50,000. This financial penalty serves as an additional deterrent against falsifying evidence in serious criminal cases.
4. Consequences of Wrongful Execution
   • If the false evidence leads to an innocent person being convicted and executed, the individual who gave or fabricated the evidence can face the death penalty or the same punishment outlined in subsection (1), which includes life imprisonment and fines. This provision emphasizes the seriousness of causing someone’s wrongful death due to fabricated evidence.
5. Non-Cognizable Offence
   • A crime under BNS Section 230 is non-cognizable, meaning that the police cannot arrest someone for this offence without a warrant. The involvement of the judiciary is necessary before any arrest or legal action can take place.
6. Non-Bailable Offence
   • This section outlines that the offence is non-bailable, which means the accused does not have the automatic right to bail. They must apply for bail through the court, and it will be granted only under special circumstances based on the court’s discretion.
7. Triable by Court of Session
   • The case under this section is triable by the Court of Session, which handles the most serious criminal cases. The involvement of a higher-level court ensures that the trial is conducted with full scrutiny and fairness, considering the severity of the offence.
8. Definition of Capital Offence
   • A capital offence refers to crimes that are punishable by death. Examples include murder, terrorism, and certain heinous crimes. False evidence given with the intent to convict someone of such a crime is what this section addresses.
9. Application to All Stages of Legal Proceedings
   • The section applies to false evidence provided at any stage of the judicial process, whether during investigation, trial, or even after the court has delivered its verdict. It ensures that no one manipulates the legal system to frame an innocent person.
10. Protection of Justice and Integrity

• The purpose of BNS Section 230 is to protect the integrity of the legal system and ensure that no one abuses the judicial process to frame innocent people for crimes they did not commit. By imposing severe penalties, the law ensures that individuals think twice before engaging in such malicious activities.

Examples of BNS Section 230

1. Fabricating a False Murder Scene:
   • A person plants fake evidence at the scene of a murder to frame someone they dislike. They provide false testimony, knowing it will lead to the wrongful conviction of that person for a capital offence. The framed person faces the death penalty. If the fabricator is caught, they will be punished under BNS Section 230 for their actions.
2. False Testimony in a Terrorism Case:
   • A person, out of revenge, provides false testimony that falsely links another person to a terrorism case punishable by death. The court convicts the innocent person based on this fabricated evidence. Later, the fabricator of the false testimony is charged under BNS Section 230 and could face life imprisonment or the death penalty if their false evidence leads to an execution.

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BNS 230 Punishment

Imprisonment:

• For giving or fabricating false evidence with the intent to convict someone of a capital offence, the punishment includes life imprisonment or rigorous imprisonment for up to 10 years.

Fine:

• Along with imprisonment, the individual may also be subject to a fine of up to 50,000 rupees.

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BNS 230 bailable or not ?

No, BNS Section 230 is a non-bailable offence. This means that the accused cannot automatically obtain bail and must apply for it through the courts. The court will decide whether to grant bail based on the seriousness of the case.

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Comparison table — BNS 230 vs IPC Section 194

Aspect	BNS Section 230	IPC Section 194
Core Offence	Giving or fabricating false evidence to procure conviction for a capital offence.	(Old provision) Same subject — false evidence aimed at convicting for capital offence.
Punishment (general)	Life imprisonment or rigorous imprisonment up to 10 years, and fine.	Life imprisonment or rigorous imprisonment up to 10 years, and fine (same severity).
If false evidence causes execution	Death penalty or life imprisonment, and fine.	Same aggravated consequence under IPC §194.
Bailability	Non-bailable.	Non-bailable.
Cognizability	Non-cognizable (judicial oversight for arrest).	Non-cognizable.
Trial Court	Triable by Court of Session (serious offence).	Triable by Court of Session.
Policy Purpose	Protects against wrongful capital convictions and upholds integrity of criminal justice.	Same policy aim—severe deterrent against framing for death-penalty offences.

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BNS Section 230 FAQs

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Conclusion

BNS 230 is one of the strictest safeguards in criminal law: it punishes not only lies but deliberate, calculated attempts to manufacture proof that sends an innocent person to prison — or worse, to death. The section strengthens the justice system by holding manipulators of evidence to the highest standard of accountability. If you suspect fabricated evidence in a serious case, consult an experienced criminal lawyer immediately — these matters require urgent legal scrutiny.

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