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Introduction of BNS Section 230

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.


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



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.


BNS 230 addresses punishments for false evidence in grave cases.
BNS 230 enforces strict penalties for capital case false evidence.

BNS 230 in Simple Points

  1. False Evidence to Convict of a Capital Offence
    • Capital offences are crimes punishable by death, such as murder or serious terrorism-related activities. Under BNS Section 230, anyone who intentionally provides or creates false evidence to wrongfully convict another person of a capital offence is committing a grave crime. The section ensures that such malicious acts do not go unpunished.
    • Example: If someone fabricates evidence to frame another person for murder, knowing that the punishment for murder is death, they can be tried under this section.
  2. Severe Punishment for Fabrication of False Evidence
    • The section prescribes life imprisonment or rigorous imprisonment for up to ten years, along with a fine of up to 50,000 rupees for anyone who provides or fabricates false evidence to cause someone’s conviction for a capital offence. This reflects the seriousness of the offence, as wrongful convictions of this nature can destroy lives.
    • Example: A person who provides false testimony in court that leads to someone’s wrongful conviction for a capital offence can face life imprisonment or heavy penalties.
  3. Consequences When Innocent Person is Executed
    • If the false evidence results in an innocent person being wrongfully executed (i.e., put to death), the individual responsible for the false evidence may face the death penalty themselves or a similarly severe punishment such as life imprisonment. This serves as a deterrent against framing innocent people for capital crimes.
    • Example: If false evidence results in the wrongful execution of an innocent person, the fabricator of that evidence can be sentenced to death.
  4. Non-Bailable and Non-Cognizable
    • Non-bailable: A person accused under BNS Section 230 does not have the automatic right to bail. Bail may only be granted under special circumstances by the court, reflecting the severity of the offence.
    • Non-cognizable: The police cannot arrest someone for this offence without a warrant. The process requires court intervention, ensuring that the case is handled carefully due to the serious consequences.
  5. Tried by Court of Session
    • Given the seriousness of the offence, cases under BNS Section 230 are triable by the Court of Session. This means that only a higher-level court, which handles major criminal cases, has the authority to try such cases.
    • Example: If a person is accused of providing false evidence to frame another for a capital offence, their case will be handled by a Court of Session, ensuring that the trial is conducted with full judicial oversight.

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.

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.

BNS 230 Punishment: Severe Penalties for Capital Case False Evidence.
BNS 230 imposes life imprisonment or 10 years for capital case lies.

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.


Bharatiya Nyaya Sanhita Section 230

BNS SectionOffencePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial by
BNS Section 230(1)Giving or fabricating false evidence to convict of a capital offenceLife imprisonment or rigorous imprisonment up to 10 years, and fine up to ₹50,000Non-BailableNon-CognizableCourt of Session
BNS Section 230(2)If false evidence leads to execution of an innocent personDeath penalty or life imprisonment, and fineNon-BailableNon-CognizableCourt of Session
Bharatiya Nyaya Sanhita Section 230

BNS Section 230 FAQs

What is BNS Section 230?

What are the punishments under BNS Section 230?

Is BNS Section 230 a bailable offence?

What does “capital offence” mean in BNS Section 230?

What happens if the false evidence leads to the execution of an innocent person?

If the false evidence causes the wrongful execution of an innocent person, the individual who provided or fabricated the evidence may face the death penalty or life imprisonment, depending on the court’s judgment.

Who tries cases under BNS Section 230?


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