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Introduction of BNS 236

BNS 236 addresses the issue of making false statements in declarations that are legally receivable as evidence. When a person knowingly makes a false statement in such a declaration, they are treated as if they have given false evidence in court. This section aims to ensure that people do not deceive the legal system by providing false information in legally admissible declarations.


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



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.


BNS 236 imposes imprisonment and fines for false declarations.
BNS 236 enforces penalties for false statements in declarations.

BNS 236 in Simple Points

  1. False Statement in Legally Admissible Declarations:
    • BNS Section 236 deals with situations where a person makes a false statement in a declaration that is legally admissible as evidence. Such declarations are required by law to be accepted as valid proof in court or by a public authority. If the person knowingly provides false information in such a declaration, they commit an offence under this section. The statement must be false on a point that is material and relevant to the matter for which the declaration is made.
  2. Intent or Belief of Falsity:
    • For a person to be liable under BNS Section 236, they must either know the statement is false or believe it to be false. If the person does not believe the statement to be true or is acting with a disregard for the truth, this section applies. It’s crucial to show that the person intentionally or recklessly provided false information, which could mislead the legal process.
  3. Punishment Equivalent to False Evidence:
    • The punishment for making a false statement in a declaration under BNS Section 2236 is the same as if the person had given false evidence in court. This means the penalty could include imprisonment and/or a fine. The section treats this offence as serious, reflecting the impact of providing false information that could affect legal proceedings.
  4. Classification of the Offence:
    • Under BNS Section 236, the offence is classified as non-cognizable, meaning the police cannot arrest the individual without a warrant. It is also bailable, which means the person can seek bail and be released while the trial is ongoing. The case is non-compoundable, meaning it cannot be settled outside the court once it has been initiated.
  5. Jurisdiction for Trial:
    • The offence under BNS Section 236 is triable in the same court that handles cases involving giving false evidence. These are typically cases where the integrity of legal evidence is in question. Such courts are responsible for ensuring that individuals who distort the truth in legal declarations are held accountable, ensuring justice is not compromised by false information.

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.

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.


Bharatiya Nyaya Sanhita Section 236

BNS SectionOffencePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial by
BNS Section 236False statement in a declaration that is legally admissible as evidenceSame as for giving false evidenceBailableNon-CognizableCourt handling false evidence cases
Bharatiya Nyaya Sanhita Section 236

BNS Section 236 FAQs

What is the main focus of BNS Section 236?

What is the punishment for making a false statement under BNS Section 236?

The punishment is the same as for giving false evidence, including imprisonment and a possible fine.

Is BNS Section 236 a bailable offence?

What kind of declarations are covered under BNS Section 236?

Is the offence under BNS Section 236 cognizable?

What court tries cases under BNS Section 236?


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