BNS 236 : False statement made in declaration which is by law receivable as evidence.

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Introduction of BNS 236

BNS 236 of the Bharatiya Nyaya Sanhita deals with the offence of knowingly making false statements in declarations that are legally admissible as evidence. Declarations such as affidavits, sworn statements, and other documents submitted to courts or public authorities carry legal weight and must be truthful. If a person includes false information in such declarations, knowing it to be untrue or not believing it to be true, they are treated as if they have given false evidence in court. This law ensures that declarations used in legal proceedings remain reliable and that justice is not compromised by dishonesty.

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The Bharatiya Nyaya Sanhita (BNS) Section 236 replaces the old Indian Penal Code (IPC) Section 199.

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What is BNS Section 236 ?

BNS Section 236 makes it an offence for someone to make a false statement in a legal declaration that is accepted as evidence in court or by a public authority. If a person knowingly provides false information, or doesn’t believe the information is true, in such a declaration, they are treated as if they had given false evidence in court.

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Under Section 235 of the bns act 2023

“Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished as if he gave false evidence.”

1. Meaning of “False Statement in Declaration”

• A declaration is a formal statement or affidavit made under oath or as required by law.
• When such declarations are submitted in court, to a public servant, or to any legal authority, they are treated as evidence.
• If a person knowingly includes false information in such declarations, it is treated as false evidence, even if it is not spoken in court.
• Example: Submitting a false affidavit in a property dispute case.

2. Who is Covered?

This section applies to:

• Any individual making a legal declaration (affidavit, sworn statement, certificate, etc.).
• Witnesses submitting affidavits or statements in legal matters.
• Public or private persons submitting declarations required by law (e.g., for property, marriage, birth, education, or financial matters).

3. Nature of the Offence

• Non-cognizable → Police cannot arrest without a warrant.
• Bailable → The accused has the right to seek bail.
• Non-compoundable → The offence cannot be privately settled; it must go through court.
• Triable by Court handling false evidence cases → Heard by the same court that tries offences of false evidence.

4. Examples of BNS Section 236

Example 1 – False Affidavit in Court
A person files an affidavit in a civil case stating they own a piece of land, even though they know this is false. Since the affidavit is a declaration admissible as evidence, the person is guilty under Section 236.

Example 2 – False Statement to Public Authority
Someone submits a false declaration to a public officer claiming to be unemployed to receive government benefits, while they are actually employed. Since the declaration is receivable as evidence, they are liable under Section 236.

Example 3 – Not Guilty Case
If a person makes a statement in a declaration, genuinely believing it to be true, but later it turns out to be incorrect, they are not guilty under this section because there was no intent or belief in falsity.

5. Punishment under BNS Section 236

• Imprisonment → Same as for giving false evidence (term varies based on case).
• Fine → May also be imposed by the court.
• Both → In serious cases, imprisonment and fine together.

6. Importance of BNS Section 236

• Ensures that affidavits and legal declarations are truthful.
• Prevents misuse of documents to mislead courts or authorities.
• Strengthens the credibility of legal proceedings.
• Holds people accountable even outside direct court testimony.

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Section 236 BNS Overview

BNS Section 236 states that if someone makes a false statement in a declaration that is required by law to be accepted as evidence, and they know or believe the statement to be false, they will be punished as if they have given false evidence. This applies to declarations made in front of courts, public servants, or any other person authorized to receive such evidence.

10 Key Points of BNS Section 236

1. False Statements in Legally Admissible Declarations:
   • This section deals with situations where a person makes a declaration that is legally receivable as evidence and includes a false statement in that declaration. The person must know or believe the statement to be false.
2. Material to the Case:
   • The false statement must touch on a point that is material to the object of the declaration. This means the false information must be relevant and significant to the purpose of the legal proceedings or evidence collection.
3. Knowledge or Belief of Falsity:
   • The person making the declaration must either know the statement is false, believe it to be false, or not believe it to be true. This demonstrates an intentional or reckless act of providing false information.
4. Punishment Equivalent to Giving False Evidence:
   • The punishment for making a false statement in a declaration is the same as if the person had given false evidence in court. This ensures that the act is treated as a serious offence with significant legal consequences.
5. Imprisonment:
   • Those found guilty under BNS Section 236 may face imprisonment. The exact length of the sentence depends on the severity of the false statement and the impact it had on the legal process.
6. Fine:
   • In addition to imprisonment, individuals may also be fined. The fine acts as an additional punishment, reflecting the seriousness of providing false information in legally important declarations.
7. Non-Cognizable Offence:
   • This offence is classified as non-cognizable, meaning the police cannot arrest the accused without a warrant. The case must be brought before a court to be prosecuted.
8. Bailable Offence:
   • Offences under BNS Section 2236 are bailable. This means that the accused can apply for bail and be released from custody while the trial is pending.
9. Non-Compoundable Offence:
   • This section is non-compoundable, meaning the case cannot be settled out of court. Once the case is initiated, it must be resolved through legal proceedings.
10. Tried by the Court Handling False Evidence:
    • Cases under this section will be tried by the same court that handles offences related to giving false evidence. This ensures consistency in the legal process.

Examples of BNS Section 236

1. Example 1:
   • Person A submits a false affidavit to a public official, declaring that they witnessed an event, even though A knows this statement is false. The affidavit is legally admissible as evidence in an ongoing case. Under BNS Section 236, A will face punishment for making a false statement in a declaration.
2. Example 2:
   • Person B signs a written statement declaring ownership of a piece of land, knowing the statement is false and that they do not own the land. Since the declaration is submitted as evidence in a property dispute case, B is liable under BNS Section 236 and will face penalties for using false evidence.

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BNS 236 Punishment

1. Imprisonment:
   • The person who makes a false statement in a legally admissible declaration may be punished with imprisonment. The term of imprisonment can vary depending on the seriousness of the false statement and its consequences.
2. Fine:
   • In addition to imprisonment, the individual may also be fined. The fine serves as a financial penalty for providing false information in a declaration.

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BNS 236 bailable or non bailable ?

BNS Section 236 is a bailable offence, meaning that the accused can seek bail and potentially be released from custody while the case is pending trial.

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Comparison Table: BNS Section 236 vs IPC Section 199

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BNS Section 236 FAQs

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Conclusion

BNS Section 236 plays a vital role in safeguarding the integrity of judicial and official processes. By treating false statements in declarations as equivalent to giving false evidence, the law ensures that individuals remain honest when making legally binding statements. This section deters people from misusing affidavits or declarations to mislead courts, authorities, or the public. It strengthens the justice system by holding accountable not just witnesses in court, but also anyone who submits legally admissible declarations. Ultimately, BNS 236 reinforces truthfulness and fairness in all legal documentation.

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