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Introduction of BNS Section 233

BNS Section 233 of the Bharatiya Nyaya Sanhita deals with the crime of knowingly using false or fabricated evidence in a judicial proceeding. It outlines the punishment for individuals who corruptly use such evidence, treating the act of using false evidence the same as giving or fabricating false evidence. This section ensures that the integrity of judicial processes is maintained by holding those who use false evidence accountable.


The Bharatiya Nyaya Sanhita (BNS) Section 233 replaces the old Indian Penal Code (IPC) Section 196.



What is BNS Section 233 ?

BNS Section 233 makes it a crime to use or attempt to use any evidence that a person knows to be false or fabricated in a court of law. The person doing so is punished as if they had fabricated or given the false evidence themselves, ensuring that no one can benefit from introducing false material into legal proceedings.


BNS 233 penalties for using or submitting false evidence in court.
BNS Section 233 enforces penalties for using false evidence.

BNS 233 in Simple Points

  1. Using False Evidence Knowingly: Under BNS Section 233, any person who knowingly uses false or fabricated evidence in any judicial proceeding is guilty of a crime. It is important that the person using the evidence knows it is false or has been tampered with, meaning there is a clear intent to deceive the court.
  2. Punishment Equal to Giving False Evidence: The punishment for using false evidence is the same as for those who fabricate or give false evidence. This means that a person who knowingly uses false evidence will face imprisonment, fines, or both, depending on the severity of the offence and the judicial proceeding involved.
  3. Non-Cognizable Offence: The offence under BNS Section 233 is non-cognizable, meaning that the police cannot arrest the accused without a warrant. The crime is considered less immediate than other offences where police intervention without judicial oversight is necessary.
  4. Bailable or Non-Bailable: Whether the offence is bailable or non-bailable depends on the nature of the false evidence being used. If the underlying offence of giving false evidence is bailable, using it would also be treated as a bailable offence. If it is non-bailable, using false evidence will also be non-bailable.
  5. Tried by the Same Court: The trial for using false evidence will be conducted by the same court that handles cases of giving or fabricating false evidence. This ensures that the judicial authority dealing with such cases is familiar with the legal implications and consequences of false evidence in court proceedings.

Section 233 BNS Overview

BNS Section 233 criminalizes the act of corruptly using, or attempting to use, false or fabricated evidence in legal proceedings. If a person knowingly uses such evidence to mislead the court, they are punished as though they had given or fabricated the false evidence themselves. This section maintains the integrity of the judicial process by penalizing the deceptive use of false evidence.

10 Key Points of BNS Section 233

  1. Knowingly Using False Evidence:
    BNS Section 233 applies when a person knowingly uses or attempts to use evidence that is false or fabricated. It is important that the person is aware of the false nature of the evidence they are presenting in court. This provision ensures that individuals cannot feign ignorance when submitting false documents, testimonies, or other misleading materials.
  2. Same Punishment as Giving False Evidence:
    The section treats the use of false evidence with the same seriousness as giving or fabricating false evidence. The individual using the false evidence faces the same punishment as the person who originally created or falsified the evidence. This discourages the use of fraudulent evidence to sway court decisions.
  3. Corrupt Intent:
    For a person to be prosecuted under BNS Section 233, there must be evidence of corrupt intent. This means that the person deliberately used the false evidence with the goal of misleading the court or influencing the outcome of a legal case.
  4. Application in Judicial Proceedings:
    The section applies only in judicial proceedings, which includes any formal legal process before a judge or magistrate. Whether the false evidence is a forged document, tampered testimony, or any other misleading material, it must be used in a court or legal investigation.
  5. Non-Cognizable Offence:
    The offence under BNS Section 233 is classified as non-cognizable. This means that the police cannot arrest the accused without a warrant. It is a serious but non-immediate crime, requiring judicial oversight before taking action against the accused.
  6. Bailable or Non-Bailable:
    Whether the offence is bailable or non-bailable depends on the nature of the false evidence. If the underlying offence of giving false evidence is bailable, then using it would also be bailable. If it is non-bailable, the offence of using false evidence will be treated as non-bailable as well.
  7. Court of Trial:
    Cases under BNS Section 233 are tried in the same court that handles cases of giving or fabricating false evidence. This ensures consistency in handling cases where false evidence is involved and that the legal implications are well understood by the presiding judge or magistrate.
  8. Imprisonment for False Evidence:
    The punishment for using false evidence can include imprisonment. The length of imprisonment will be determined based on the gravity of the false evidence used and its impact on the judicial proceedings. For serious cases, the imprisonment may extend to several years.
  9. Fine as Punishment:
    In addition to imprisonment, the court may impose a fine on the individual who uses false evidence. The fine is designed to penalize the person financially for their corrupt actions and discourage others from engaging in similar activities.
  10. Judicial Integrity Protection:
    BNS Section 233 plays an essential role in protecting the integrity of the judicial process. By punishing those who attempt to deceive the court, it ensures that legal proceedings are based on truthful and genuine evidence, maintaining fairness and justice.

2 Examples of BNS Section 233

  1. Example 1:
    E is involved in a property dispute and submits a forged document in court, knowing it to be false, to strengthen their claim. E is later discovered to have used false evidence, and under BNS Section 233, they are prosecuted and punished as if they had fabricated the document themselves.
  2. Example 2:
    F, during a criminal trial, uses a witness statement that they know was altered to favor their case. When the court uncovers that the statement was knowingly used with false information, F is charged under BNS Section 233 and faces the same punishment as if they had provided the false testimony themselves.

BNS 233 Punishment

  1. Imprisonment:
    The punishment for using false evidence is the same as for fabricating false evidence, which can include imprisonment for a period depending on the gravity of the false evidence and its impact on the legal proceedings.
  2. Fine:
    In addition to imprisonment, the person may also face a fine for using false evidence. The fine is determined by the court based on the severity of the offence and the circumstances surrounding the use of the false evidence.

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BNS 233 bailable or not ?

The offence under BNS Section 233 can be bailable or non-bailable depending on the underlying false evidence used. If the offence of giving false evidence is bailable, using it will also be bailable. If it is non-bailable, then using false evidence will be treated as non-bailable.


Bharatiya Nyaya Sanhita Section 233

SectionOffencePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial by
BNS Section 233Using or attempting to use false or fabricated evidenceSame as for giving or fabricating false evidenceAccording to the nature of the false evidenceNon-CognizableCourt that tries cases of false evidence
Bharatiya Nyaya Sanhita Section 233

BNS Section 233 FAQs

What does BNS Section 233 cover?

What is the punishment under BNS Section 233?

Is BNS Section 233 a cognizable offence?

Is the offence under BNS Section 233 bailable?

Whether the offence is bailable or non-bailable depends on the underlying offence of giving false evidence. If the false evidence is part of a bailable offence, the use of it will also be bailable, and vice versa.

Who tries cases under BNS Section 233?

What is the importance of BNS Section 233?


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