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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter XIV: Of False Evidence And Offences Against Public Justice

Section 229 BNS: Punishment for false evidence

Corresponding IPC
Section 193 IPC
Punishment
Judicial proceeding: imprisonment (either description) up to 7 years, and fine up to Rs 10,000; other cases: up to 3 years, and fine up to Rs 5,000

Classification of offence

SectionCognizable?Bailable?Triable by
229(1)Non-cognizableBailableMagistrate of the first class
229(2)Non-cognizableBailableAny Magistrate

As per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Bare Act text

(1) Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine which may extend to ten thousand rupees.

(2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine which may extend to five thousand rupees.

Explanation 1.—A trial before a Court-martial is a judicial proceeding.

Explanation 2.—An investigation directed by law preliminary to a proceeding before a Court, is a stage of a judicial proceeding, though that investigation may not take place before a Court.

Illustration. A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.

Explanation 3.—An investigation directed by a Court according to law, and conducted under the authority of a Court, is a stage of a judicial proceeding, though that investigation may not take place before a Court.

Illustration. A, in an enquiry before an officer deputed by a Court to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for use in any stage of one, is punished with imprisonment of either description up to seven years and fine up to ten thousand rupees. In any other case, intentionally giving or fabricating false evidence carries imprisonment of either description up to three years and fine up to five thousand rupees. Explanation 1 says a trial before a Court-martial is a judicial proceeding. Explanation 2 says an investigation directed by law preliminary to a Court proceeding is a stage of a judicial proceeding even if not before a Court, as shown by a false oath at a Magistrate’s committal enquiry. Explanation 3 says an investigation directed by a Court according to law and conducted under its authority is also a stage, as shown by a false oath before an officer deputed to ascertain land boundaries on the spot.

Chapter XIV: Of False Evidence And Offences Against Public Justice

  1. 227 Giving false evidence
  2. 228 Fabricating false evidence
  3. 229 Punishment for false evidence
  4. 230 Giving or fabricating false evidence with intent to procure conviction of capital offence
  5. 231 Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
  6. 232 Threatening any person to give false evidence
  7. 233 Using evidence known to be false
  8. 234 Issuing or signing false certificate
  9. 235 Using as true a certificate known to be false
  10. 236 False statement made in declaration which is by law receivable as evidence
  11. 237 Using as true such declaration knowing it to be false
  12. 238 Causing disappearance of evidence of offence, or giving false information to screen offender
  13. 239 Intentional omission to give information of offence by person bound to inform
  14. 240 Giving false information respecting an offence committed
  15. 241 Destruction of document or electronic record to prevent its production as evidence
  16. 242 False personation for purpose of act or proceeding in suit or prosecution
  17. 243 Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
  18. 244 Fraudulent claim to property to prevent its seizure as forfeited or in execution
  19. 245 Fraudulently suffering decree for sum not due
  20. 246 Dishonestly making false claim in Court
  21. 247 Fraudulently obtaining decree for sum not due
  22. 248 False charge of offence made with intent to injure
  23. 249 Harbouring offender
  24. 250 Taking gift, etc., to screen an offender from punishment
  25. 251 Offering gift or restoration of property in consideration of screening offender
  26. 252 Taking gift to help to recover stolen property, etc
  27. 253 Harbouring offender who has escaped from custody or whose apprehension has been ordered
  28. 254 Penalty for harbouring robbers or dacoits
  29. 255 Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
  30. 256 Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
  31. 257 Public servant in judicial proceeding corruptly making report, etc., contrary to law
  32. 258 Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
  33. 259 Intentional omission to apprehend on part of public servant bound to apprehend
  34. 260 Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed
  35. 261 Escape from confinement or custody negligently suffered by public servant
  36. 262 Resistance or obstruction by a person to his lawful apprehension
  37. 263 Resistance or obstruction to lawful apprehension of another person
  38. 264 Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for
  39. 265 Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
  40. 266 Violation of condition of remission of punishment
  41. 267 Intentional insult or interruption to public servant sitting in judicial proceeding
  42. 268 Personation of assessor
  43. 269 Failure by person released on bail bond or bond to appear in Court
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