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Introduction of BNS 237

BNS 237 addresses the use of a false declaration as if it were true. This provision holds individuals accountable when they knowingly use false statements or declarations in legal or judicial proceedings. The section ensures that the use of fraudulent declarations is punished similarly to giving false evidence, protecting the integrity of legal proceedings and the justice system.


The Bharatiya Nyaya Sanhita (BNS) Section 237 replaces the old Indian Penal Code (IPC) Section 200.



What is BNS Section 237 ?

BNS Section 237 deals with the crime of knowingly using a false declaration as if it were true. If a person corruptly uses or attempts to use a false statement or declaration in a legal setting, knowing it is false in a significant way, they will face the same punishment as someone who gives false evidence.


BNS 237 penalizes the use of false declarations in legal settings.
BNS 237 enforces accountability for using false declarations.

BNS 237 in Simple Points

  1. Using False Declaration: This section applies when someone knowingly uses or tries to use a false declaration (statement) as if it were true, intending to deceive in a legal process.
  2. Intent and Knowledge: The person must know that the declaration is false in a significant way. It isn’t an accidental mistake but a deliberate act.
  3. Same Punishment as False Evidence: The punishment for using a false declaration is the same as giving false evidence in court, meaning it carries serious legal consequences.
  4. Explaining “Declaration”: A declaration refers to an official statement accepted as evidence. Even if the declaration has some formal issues, it still qualifies under this section if used falsely.
  5. Legal Consequences: This offence is classified as non-cognizable (police need a court order to arrest), bailable, and non-compoundable (cannot be settled outside court). The trial is held in the same court that handles false evidence cases.

Section 237 BNS Overview

BNS Section 237 makes it an offence for anyone to knowingly use or attempt to use a false declaration in legal matters, treating it as if it were a genuine declaration. The section emphasizes that using such false statements knowingly is punishable by law, equivalent to the punishment for giving false evidence.

10 Key Points of BNS Section 237

  1. Using False Declarations as True:
    • BNS Section 237 applies when someone corruptly uses a false declaration, knowing it is not true, and tries to pass it off as a legitimate statement in legal matters.
  2. Intent and Knowledge:
    • For a person to be guilty under this section, they must knowingly use the false declaration with the intent to deceive or mislead. This means the person is fully aware that the statement is false but uses it anyway.
  3. False Declaration’s Materiality:
    • The declaration must be false in a “material point.” This means the false information should be significant and relevant to the case or issue at hand, not just a minor error.
  4. Punishment Equivalent to Giving False Evidence:
    • The punishment for using a false declaration is the same as for giving false evidence. This can include imprisonment or fines, depending on the severity of the false statement and its impact on the legal proceedings.
  5. Explanation of “Declaration”:
    • A declaration is an official statement given in legal proceedings that is accepted as evidence. Even if the declaration has a minor formality issue, it still falls under this section if it is used with the intent to deceive.
  6. Cognizable vs. Non-Cognizable:
    • This offence is classified as non-cognizable, meaning the police cannot arrest the accused without a warrant. It involves a court process before any direct legal action is taken.
  7. Bailable Offence:
    • BNS Section 237 is a bailable offence, meaning the accused person can secure bail and avoid staying in custody until the trial.
  8. Non-Compoundable Offence:
    • The offence is non-compoundable, which means it cannot be settled outside of court through mutual agreement. The case must go through the court trial process.
  9. Court for Trial:
    • The trial for this offence is held in the same court that handles cases involving false evidence. This ensures that the judicial process treats this offence with the same seriousness as other false evidence cases.
  10. Protection of Judicial Process:
  • The intent of this section is to safeguard the integrity of legal proceedings. By punishing individuals who knowingly use false declarations, it ensures that the judicial system remains just and free from fraudulent actions.

Examples:

  1. Example 1: A person submits a declaration in court, stating that they witnessed an incident, but they know that the statement is false. If they use this declaration as if it is true, they are guilty under BNS Section 237.
  2. Example 2: Someone submits a false certificate regarding property ownership in a land dispute case, knowing it to be false, but still uses it as evidence. This would be a violation of BNS Section 237.

BNS 237 Punishment

Imprisonment: The person will face the same level of punishment as giving false evidence, which may include imprisonment.

Fine: The person may also be liable to pay a fine, based on the severity of the case.


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BNS 237 bailable or non bailable ?

BNS Section 237 is a bailable offence. This means that a person accused under this section has the right to seek bail and can be released from custody while awaiting trial.


Bharatiya Nyaya Sanhita Section 237

BNS SectionOffencePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial by
237Using or attempting to use a false declaration as trueSame as for giving false evidence (Imprisonment, Fine, or Both)BailableNon-CognizableCourt of law that tries false evidence cases
Bharatiya Nyaya Sanhita Section 237

BNS Section 237 FAQs

What is the purpose of BNS Section 237?

Is BNS Section 237 a bailable offence?

Yes, it is a bailable offence, allowing the accused to obtain bail and avoid pre-trial detention.

What is the difference between giving false evidence and using a false declaration?

Can this offence be settled outside court?


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