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Introduction of BNS 235

BNS 235 focuses on the misuse of certificates that are known to be false. It deals with situations where someone corruptly uses a certificate, knowing that it contains false information, as though it were true. The intent behind this section is to prevent fraudulent use of such documents in legal or official matters, ensuring accountability for anyone who attempts to deceive using forged certificates.


The Bharatiya Nyaya Sanhita (BNS) Section 235 replaces the old Indian Penal Code (IPC) Section 198.



What is BNS Section 235 ?

BNS Section 235 deals with the act of using or attempting to use a false certificate, knowing it to be false. If a person knowingly uses a certificate that is false in any material aspect as if it were true, they will be punished in the same way as someone who gives false evidence. This section is designed to prevent the misuse of fraudulent documents in legal and official processes.


BNS 235 penalizes using known false certificates as true

.
BNS 235 prohibits corrupt use of knowingly false certificates. .

BNS 235 in Simple Points

  1. Intent to Use False Certificate: BNS Section 235 targets individuals who knowingly and corruptly use or attempt to use a false certificate as if it were genuine, fully aware of its inaccuracy.
  2. Punishment Same as Giving False Evidence: The punishment for using a false certificate is the same as the punishment for giving false evidence. This reinforces the seriousness of presenting false documentation in legal and judicial matters.
  3. Non-Cognizable Offence: The offence under this section is non-cognizable, meaning the police cannot arrest the accused without a warrant. Legal proceedings must be initiated by a magistrate.
  4. Bailable Offence: The accused has the right to be released on bail under this section. Since the offence is bailable, they can apply for bail while awaiting trial.
  5. Triable by Court Handling False Evidence: The court that has jurisdiction over cases related to giving false evidence will also handle cases of using false certificates under this section, ensuring consistency in judicial proceedings.

Section 235 BNS Overview

BNS Section 235 states that if someone knowingly uses or tries to use a certificate that is false in any material detail, they will face the same punishment as if they had fabricated or given false evidence. This section holds individuals accountable for corruptly using false certificates, recognizing the impact this can have on justice and legal proceedings.

10 Key Points of BNS Section 235

  1. Using False Certificates as True:
    • This section applies when a person uses or attempts to use a certificate as genuine, even though they know it contains false information. The person must be aware that the certificate is false at the time they use it.
  2. Intent to Deceive:
    • The use of the false certificate must be intentional. The person must knowingly be trying to deceive or mislead others by using a document that they know is inaccurate in some way.
  3. Corruption Element:
    • There must be a corrupt motive behind the use of the false certificate. This could mean that the individual aims to gain some advantage or cause harm to others by using a forged document.
  4. Punishment is Same as for Giving False Evidence:
    • The law treats the use of false certificates as seriously as giving false evidence. Therefore, the punishment for using a false certificate is equivalent to the penalties imposed for giving or fabricating false evidence.
  5. Imprisonment:
    • The punishment for using a false certificate can include imprisonment. The length of the imprisonment will depend on the severity of the false evidence being used and the impact it has on the case.
  6. Fines:
    • In addition to imprisonment, the individual may also be subject to a fine. The fine amount will depend on the severity of the case and the damage caused by the false certificate.
  7. Non-Cognizable Offence:
    • BNS Section 235 classifies the offence as non-cognizable. This means that the police cannot arrest the accused without a warrant and the case must be taken up by a court.
  8. Bailable Offence:
    • The offence under this section is bailable, meaning that the accused can apply for bail and be released from custody while awaiting trial.
  9. Triable by Court Handling False Evidence:
    • Cases under BNS Section 235 will be tried in the same court that handles cases related to giving false evidence. This ensures that the trial process is streamlined and consistent.
  10. Prevention of Legal Manipulation:
    • This section serves to prevent people from manipulating legal processes by using false documents. By penalizing the use of false certificates, the law aims to protect the integrity of legal proceedings.

Examples of BNS Section 235

  1. Example 1:
    • Person A submits a fake medical certificate to a court during a legal case to avoid being called as a witness. A knows the certificate is false, but uses it as if it were true. Under BNS Section 235, A is liable for using a false certificate, and the punishment will be the same as if A had given false evidence in court.
  2. Example 2:
    • Person B, during a property dispute, presents a forged property ownership certificate in court, knowing that the certificate contains incorrect details about the property boundaries. Under BNS Section 235, B can be charged with corruptly using false evidence and will face penalties for attempting to mislead the court with fabricated documents.

BNS 235 Punishment

  • Imprisonment: The offender can face imprisonment for a term similar to that for giving false evidence.
  • Fine: A financial penalty may also be imposed as part of the punishment.

Punishment under BNS 235 includes jail time and a fine.
BNS 235 imposes imprisonment and fine for false certificate use.

BNS 235 bailable or non bailable ?

BNS Section 235 is bailable, meaning the accused can apply for bail and be released from custody while the case proceeds.


Bharatiya Nyaya Sanhita Section 235

SectionOffencePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial by
BNS Section 235Using a certificate known to be falseSame as for giving false evidenceBailableNon-CognizableCourt handling false evidence
Bharatiya Nyaya Sanhita Section 235

BNS Section 235 FAQs

What is the offence under BNS Section 235?

What is the punishment for using a false certificate under BNS Section 235?

Is the offence under BNS Section 235 cognizable or non-cognizable?

Is the offence under BNS Section 235 bailable?

Yes, it is a bailable offence.

Which court handles cases under BNS Section 235?

Does the law treat using a false certificate the same as giving false evidence?


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